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STOKES v. STATE EX REL. DEP. OF TRANSP.

No. 04-113.

107 P.3d 494 (2005)

2005 MT 42

326 Mont. 138

John P. STOKES and Skyline Broadcasters, Plaintiff and Appellant, v. STATE of Montana, acting by and through the MONTANA DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Supreme Court of Montana.

Decided February 22, 2005.

Attorney(s) appearing for the Case

For Appellant: Wade J. Dahood, Knight Dahood Everett & Sievers, Anaconda, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Robert M. Gentry, Special Assistant Attorney General, Timothy M. Reardon, Department of Transportation, Helena, Montana.

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

¶ 1 John Stokes and Skyline Broadcasters (Stokes) appeal the Eleventh Judicial District Court's grant of the State of Montana's Motion to Dismiss under Rule 12(b)(6). We reverse and remand.

ISSUE

¶ 2 Does the District Court have the power and authority to dismiss a case on a Motion to Dismiss when the Complaint as a matter of law pleads...

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