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BRUNSVOLD v. STATE

No. 90-277.

820 P.2d 732 (1991)

Milton D. BRUNSVOLD, Plaintiff and Appellant, v. STATE of Montana, the Montana Department of Institutions, Henry Risley, James Bennett, Probation Officer, Defendants and RESPONDENTS.

Supreme Court of Montana.

Decided October 31, 1991.

Rehearing Denied December 23, 1991.

Attorney(s) appearing for the Case

Leonard J. Haxby, Daniel R. Sweeney, Butte, for plaintiff and appellant.

Marc Racicot, Atty. Gen., Norman C. Peterson, Asst. Atty. Gen., Helena, for defendants and respondents.

GRAY, Justice.

Milton D. Brunsvold appeals from a Decision and Order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of all defendants in his suit for damages alleging wrongful incarceration in the Montana State Prison. We affirm in part and reverse in part.

On March 8, 1978, the Richland County District Court convicted appellant Milton D. Brunsvold (Brunsvold) on a...

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