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POLSON v. POLSON

No. 04-706.

121 P.3d 1004 (2005)

2005 MT 185

328 Mont. 49

Riant POLSON, Audra Madison and Paula Smith, Personal Representatives of the Estate of Andrew Lynn Polson, Petitioners and Respondents, v. Marcia Ann POLSON, Respondent and Appellant.

Supreme Court of Montana.

Decided July 26, 2005.

Rehearing Denied October 26, 2005.

Attorney(s) appearing for the Case

For Appellant: Lon J. Dale and W. Adam Duerk, Milodragovich Dale Steinbrenner & Binney, P.C., Missoula, Montana.

For Respondents: Philip J. O'Connell, Missoula, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellant Marcia Ann Polson (Marcia) appeals from an order entered by the Fourth Judicial District Court, Missoula County, denying her request for discovery relating to a motion to set aside the judgment of her decree of dissolution from her husband Andrew Lynn Polson (Lynn), pursuant to § 40-4-253(5), MCA. Marcia bases her claim upon financial statements contradicting Lynn's declaration that he...

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