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KNOEPKE v. SOUTHWESTERN RY. CO.

No. 14018.

595 P.2d 376 (1979)

Esther KNOEPKE, guardian of the persons and Estates of Debra J. Myllymaki, Timothy L. Myllymaki, and Pamela M. Myllymaki, minors, Allan A. Samson and Judith E. Mikkelson, Thomas Brady and June Brady, Frank Dusek and Marion Dusek, Plaintiffs and Appellants, v. SOUTHWESTERN RAILWAY COMPANY, a corporation, Charles R. Newman, Dudley Thomas Newman, Sawyer Aviation Company, a corporation, Darrell Sawyer, and Cecelia K. Bailey, Special Administratrix of the Estate of Arthur J. Myllymaki, Jr., Deceased, Defendants and Respondents.

Supreme Court of Montana.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Robert L. Johnson, argued and Torger Oaas, argued, Lewistown, for plaintiffs and appellants.

Alexander, Kuenning, Miller & Ugrin, John H. Kuenning, argued, Dzivi, Conklin, Johnson & Nybo, William Conklin, argued, Smith, Emmons, Baillie & Walsh, Great Falls, Robert J. Emmons, Great Falls, argued, Blake, Colter, Flickinger & Dandet, P.C., Phoenix, Ariz., for defendants and respondents.

SHEA, Justice.

The plaintiffs in four death and survivorship actions, have filed notices of appeal from an order of the Judith Basin County District Court which dismissed all of the nonresident defendants for lack of personal jurisdiction. We dismiss the appeal because one defendant remains in the lawsuit and the order is therefore not final.

On September 29, 1973, a plane piloted by Arthur J. Myllymaki, Jr., crashed...

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