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SEBENA v. STATE

No. 94-218.

883 P.2d 1263 (1994)

Joseph SEBENA, Daniel Sebena and Sebena Paving, Inc., a Montana Corp. Plaintiffs, v. STATE of Montana, et al., Defendants, Roger JONES, Marlene Jones, and Donna Walker, Cross-Claim Plaintiffs & Appellants, v. STATE of Montana, Cross-Claim Defendant and Respondent.

Supreme Court of Montana.

Decided November 7, 1994.

Attorney(s) appearing for the Case

Eula Compton, Missoula, for appellants.

John H. Tarlow, Landoe, Brown, Planalp and Braaksma, Bozeman, Montana; Roy H. Andes, Montana Dept. of State Lands, Helena, for respondent.

WEBER, Justice delivered the Opinion of the Court.

This is an appeal from the grant of summary judgment to the State of Montana by the Eighteenth Judicial District Court, Gallatin County. We affirm.

We consider the following issues on appeal:

I. Did the District Court err in granting the State's motion for summary judgment on the Joneses' and D. Walker's negligence claim where the judgment was based on the court's legal determination that the State...

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