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DUKES v. CITY OF MISSOULA

No. 04-758.

119 P.3d 61 (2005)

2005 MT 196

Traci L. DUKES, as Personal Representative of the Estate of Keith Dukes, and on her own behalf and on behalf of Traci and Keith Dukes's minor children, Jacob Dukes and Kyle Dukes; and Sandra Henry, as parent and legal guardian of Skyler Haucke Dukes, a minor, Plaintiffs and Appellants, v. The CITY OF MISSOULA, and Fictitious Defendants A-D, Defendants and Respondents.

Supreme Court of Montana.

Decided August 16, 2005.

Attorney(s) appearing for the Case

For Appellants: Lon J. Dale and Philip B. Condra, Milodragovich, Dale, Steinbrenner & Binney PC, James T. Towe, Towe Law Offices, Missoula, Montana.

For Respondents: William L. Crowley, Boone Karlberg PC, Missoula, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellants Traci L. Dukes, as the personal representative of the Estate of Keith Dukes and on her own and her and Keith Dukes's minor children's behalf, and Sandra Henry, on behalf of her minor child (hereafter referred to as "Dukes"), brought this action against the City of Missoula (the City), Sirius Construction, Inc., Paradigm Architects, P.C., Carl Posewitz, the State of Montana, and the...

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