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MEYER v. MONTANA POWER CO., L.L.C.

No. 03-373.

109 P.3d 269 (2005)

2005 MT 66

326 Mont. 283

Rebecca MEYER, as Personal Representative of the Estate of Orval Meyer, Deceased, Plaintiff and Respondent, v. The MONTANA POWER COMPANY, L.L.C., and its successor in interests Northwestern Energy, L.L.C., Montana corporations; The City of Helena, a political subdivision of the State of Montana; and John Does I through X, Defendants and Appellants.

Supreme Court of Montana.

Decided March 22, 2005.

Attorney(s) appearing for the Case

For Appellant: Stephen M. Frankino, Hughes, Kellner, Sullivan & Alke, Helena, Montana (City of Helena).

For Respondent: Francis C. Burgess, Attorney at Law, Butte, Montana (Meyer), James P. Harrington, Attorney at Law, Butte, Montana (Meyer), W. Wayne Harper, Attorney at Law, Butte, Montana (Power Co.).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The City of Helena (City) appeals the order of the Second Judicial District Court, Silver Bow County, denying its motion for change of venue to Lewis and Clark County. We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court err by denying the City's motion for change of venue?

BACKGROUND

¶ 4 According to the pleadings, on July...

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