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NIELSEN v. BROCKSMITH

No. 03-660.

99 P.3d 181 (2004)

2004 MT 259

323 Mont. 98

Linda NIELSEN, Plaintiff and Appellant, v. Margaret BROCKSMITH, individually and as personal representative of the Estate of Charles H. Brocksmith, Brocksmith Land & Livestock Co., Kay I. Brocksmith Dore, and Margaret Lee Brocksmith Heins, Defendants and Respondents.

Supreme Court of Montana.

Decided September 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Matthew W. Knierim, Laura Christoffersen, Knierim Fewer & Christoffersen, Glasgow, Montana.

For Respondents: Fred C. Rathert, Williston, North Dakota.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Linda Nielsen (Nielsen) appeals from an order of the Seventeenth Judicial District Court, Valley County, granting the motion to dismiss submitted by Margaret Brocksmith, the Estate of Charles H. Brocksmith, Brocksmith Land & Livestock Co., Kay I. Brocksmith Dore, and Margaret Lee Brocksmith Heins (the Brocksmiths). We affirm.

¶ 2 We address the following issue on appeal: Did the District...

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