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GUEST v. McLAVERTY

No. 05-493.

138 P.3d 812 (2006)

2006 MT 150

332 Mont. 421

Robert John GUEST, Plaintiff and Appellant, v. Mark McLAVERTY, d/b/a Mark McLaverty Associates, P.L.L.C., f/d/b/a Mansch & McLaverty, P.L.L.P., f/d/b/a Mansch, McLaverty & Becarri, L.L.C., Defendants and Respondent.

Supreme Court of Montana.

Decided July 5, 2006.

Attorney(s) appearing for the Case

David E. Stenerson, Stenerson Law Office, P.C., Hamilton, for Appellants.

Brian L. DeLaney, Delaney & Delaney, Missoula, for Respondents.

Justice JOHN WARNER delivered the Opinion of the Court.

¶1 Plaintiff Robert Guest filed his complaint in the District Court for the Fourth Judicial District, Missoula County, on September 23, 2004. He alleged that during 2001, Defendant Mark McLaverty, an attorney, was negligent in his representation of Guest and he sustained damages as a result. McLaverty filed a Rule 12(b)(6), M.R.Civ.P., motion to dismiss the complaint based on the statute of limitations found...

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