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HANKINSON v. PICOTTE

No. 88-284.

766 P.2d 242 (1988)

Violet M. HANKINSON, and Joseph E. Hankinson, Mother and son, Plaintiffs and Appellants, v. Carter PICOTTE, Jr., and Gene A. Picotte, P.C., a Montana Professional Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 13, 1988.

Attorney(s) appearing for the Case

Larry Jent, Bozeman, William A. Bartlett, Wellcome, Frost & Bartlett, Bozeman, for plaintiffs and appellants.

William D. Jacobsen, Jardine, Stephenson, Blewett & Weaver, Great Falls, for defendants and respondents.

SHEEHY, Justice.

Violet M. Hankinson and Joseph E. Hankinson, mother and son, appeal from a judgment of dismissal with prejudice of their complaint against Carter Picotte, Jr. and Gene A. Picotte, P.C., a Montana professional corporation. The judgment of dismissal was entered on March 30, 1988 in the District Court, Fifth Judicial District, Jefferson County.

The decisive issue in the cause is whether, when a district court orders a dismissal of a complaint...

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