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PROTO v. MISSOULA COUNTY

No. 87-457.

749 P.2d 1094 (1988)

Constantine PROTO, Plaintiff and Appellant, v. MISSOULA COUNTY, a political subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided February 11, 1988.

Rehearing Denied March 4, 1988.

Attorney(s) appearing for the Case

Terry G. Sehestedt, Missoula, for plaintiff and appellant.

Robert Deschamps, III, Co. Atty., Joan Newman, Deputy Co. Atty., Missoula, for defendant and respondent.

HARRISON, Justice.

This is an appeal from the District Court of the Fourth Judicial District, Missoula County, State of Montana. The appeal is from a motion to dismiss the complaint under Rule 12(b)(6), M.R.Civ.P., for failure to state a claim upon which relief could be granted. Following briefing and oral argument, the District Court granted the motion dismissing the complaint with prejudice. Appellant now appeals. We affirm.

On January 21, 1987, pursuant...

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