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ENSEY v. MINI MART, INC.

No. DA 12-0339.

300 P.3d 1144 (2013)

2013 MT 94

Ezzie ENSEY, Plaintiff and Appellant, v. MINI MART, INC., and John Does I-III, Defendants and Appellees.

Supreme Court of Montana.

Decided April 10, 2013.

Rehearing Denied May 21, 2013.

Attorney(s) appearing for the Case

For Appellant: Benjamin R. Graybill , Graybill Law Firm, P.C.; Great Falls, Montana.

For Appellee: Joshua B. Kirkpatrick , Littler Mendelson, P.C.; Denver, Colorado.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Ezzie Ensey (Ezzie) appeals the District Court's order granting defendants Mini Mart, Inc. and John Does I-III's (Mini Mart) motion to dismiss her amended complaint and finding § 39-2-915, MCA, constitutional. We affirm the court's decision to grant Mini Mart's motion to dismiss, but we set aside the court's determination of the constitutionality of § 39-2-915, MCA. Because we find that...

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