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FILIP v. JORDAN

No. DA 06-0684.

188 P.3d 1039 (2008)

2008 MT 234

344 Mont. 402

Daniel R. FILIP, Plaintiff and Appellant, v. Alden Lee JORDAN, Boot Hill Apple, Inc., a Montana corporation, Patrick W. Ryan, d/b/a Applebee's, and Does 1 through 5, Defendants and Appellees.

Supreme Court of Montana.

Decided July 2, 2008.

Attorney(s) appearing for the Case

For Appellees: Gavin W. Murphy and Calvin J. Stacey, Stacey & Funyak, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Plaintiff Daniel Filip (Filip) appeals an order of the Thirteenth Judicial District Court, Yellowstone County, granting defendants Boot Hill Apple, Inc., and Patrick W. Ryan's, d/b/a Applebee's, (Applebee's) motion to dismiss his personal injury claim. We reverse and remand.

¶ 2 The single issue on appeal is whether the District Court erred in concluding that Filip's "Dram Shop Act" claim...

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