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NELSON v. STATE

No. 05-694.

195 P.3d 293 (2008)

2008 MT 336

346 Mont. 206

Doris NELSON, Individually, and as a Personal Representative of the Estate of Emil J. (Jack) Nelson, Plaintiff and Appellant, v. STATE of Montana, Defendant and Appellee.

Supreme Court of Montana.

Submitted November 28, 2006.

Decided October 6, 2008.

Rehearing Denied November 5, 2008.

Attorney(s) appearing for the Case

For Appellant: Norman L. Newhall (argued); Linnell, Newhall, Martin & Schulke, Great Falls, Montana.

For Appellee: Elizabeth S. Baker (argued); Hughes, Kellner, Sullivan & Alke, Helena, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Doris Nelson (Doris) appeals from the order of the Twelfth Judicial District Court, Liberty County, granting summary judgment to the State of Montana (State) and denying her motion for partial summary judgment. We reverse in part, but ultimately affirm.

¶ 2 We address two dispositive issues:

¶ 3 1. Is the Board of Medical Examiners entitled to quasi-judicial immunity...

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