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McDANIEL v. STATE

No. DA 07-0363.

208 P.3d 817 (2009)

2009 MT 159

350 Mont. 422

Kenneth McDANIEL, Plaintiff and Appellant, v. STATE of Montana, Defendant and Appellee.

Supreme Court of Montana.

Decided May 11, 2009.

Attorney(s) appearing for the Case

For Appellant: Russell K. Jones, Attorney at Law, Spokane, Washington.

For Appellee: Rebekah French, Risk Management and Tort Defense Division, Helena, Montana Mikel L. Moore, Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Kenneth McDaniel filed this action against the State of Montana in the Eleventh Judicial District Court, Flathead County, alleging breach of contract and deprivation of property without procedural due process. The District Court denied McDaniel's motion for partial summary judgment, granted the State's motion for summary judgment, and dismissed the action...

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