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WEAVER v. STATE

No. DA 12-0506.

310 P.3d 495 (2013)

2013 MT 247

371 Mont. 476

L. Fred WEAVER, Joan Weaver, and Vicki Weaver, Plaintiffs, Appellees, and Cross-Appellants, v. STATE of Montana and Montana Department of Natural Resources and Conservation, Defendants, Appellants, and Cross-Appellees.

Supreme Court of Montana.

Decided September 3, 2013.

Attorney(s) appearing for the Case

For Appellants: Robert E. Sheridan , Jeffrey M. Roth ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana.

For Appellees: Quentin M. Rhoades , Liesel Shoquist , Robert Erickson ; Sullivan, Tabaracci & Rhoades, P.C.; Missoula, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The State of Montana appeals a Granite County jury's verdict awarding damages to L. Fred Weaver, Joan Weaver and Vicki Weaver (the Weavers) from the State's negligent fire containment procedures on their real property. The Weavers cross-appeal the Third Judicial District Court's denial of their post-trial motion for sanctions. The State raises the following issues on appeal:

¶ 2 1. Whether...

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