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RENVILLE v. FREDRICKSON

No. 03-170.

101 P.3d 773 (2004)

2004 MT 324

324 Mont. 86

Janice RENVILLE, Plaintiff and Appellant, v. Charla May FREDRICKSON, Personal Representative of the Estate of Sherlee York Fredrickson, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Decided November 16, 2004.

Attorney(s) appearing for the Case

For Appellant: Dane J. Durham, Attorney at Law, Missoula, Montana; Joseph C. Engel, III, P.C., Attorney at Law, Great Falls, Montana.

For Respondent: Robert F. James, Mark D. Meyer, Ugrin, Alexander, Zadick & Higgings, P.C., Great Falls, Montana; Todd A. Stubbs, Graybill, Ostrem & Crotty, PLLP, Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 This Court issued its original Opinion in this case on August 31, 2004. Frederickson filed a Petition for Rehearing on September 15, 2004. Renville filed her Objections to the Petition for Rehearing on September 23, 2004. In her Petition, Frederickson raised an issue that was neither briefed nor argued in the original briefs submitted to this Court. While the failure to raise this issue initially...

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