WINTER v. RHODES

No. 14262.

589 P.2d 1021 (1979)

Richard F. WINTER and Linda Lee Winter, husband and wife, Plaintiffs and Respondents, v. June RHODES, Don Diehl, and Delbert Griffin, Defendants and Appellants.

Supreme Court of Montana.

Decided January 29, 1979.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Gary L. Graham (argued), Missoula, for defendants and appellants.

Murray & Holt, Harold L. Holt (argued), Missoula, for plaintiffs and respondents.


HASWELL, Chief Justice.

This negligence action was commenced on March 8, 1974. Defendants' motion for summary judgment was granted on February 18, 1975. On February 3, 1978, plaintiffs moved to set aside the 1975 summary judgment. On February 21, 1978, exactly three years after summary judgment had been entered in favor of defendants, the District Court for the Fourth Judicial District, the Honorable Edward Dussault presiding, vacated the previous summary judgment...

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