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KLEPPER v. MONTANA DEPARTMENT OF TRANSPORTATION

CV No. 11-41-M-DWM-JCL.

DONALD K. KLEPPER, and KAREN H. HAGGLUND, Plaintiffs, v. MONTANA DEPARTMENT OF TRANSPORTATION; and M.A. DEATLEY CONSTRUCTION, Defendants.

United States District Court, D. Montana, Missoula Division.

January 27, 2012.

Attorney(s) appearing for the Case

Donald K. Klepper, a Montana resident, Plaintiff Pro Se.

Karen H. Hagglund, a Montana resident, Plaintiff Pro Se.

Montana Department of Transportation, Defendant, represented by Elena J. Zlatnik, Garlington, Lohn & Robinson.

M.A. Deatley Construction, Inc., a Washington corporation with its principal place of business in Clarkston, Defendant represented by Charles E. McNeil Garlington, Lohn & Robinson, PLLP,

M.A. Deatley Construction, Inc., Defendant, represented by Elena J. Zlatnik, Garlington, Lohn & Robinson.

FINDINGS & RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

JEREMIAH C. LYNCH, Magistrate Judge.

Before the Court is Defendant M.A. DeAtley Construction, Inc.'s ("M.A. DeAtley") Fed. R. Civ. P. 56 motion for partial summary judgment upon some of Plaintiffs Donald Klepper and Karen Hagglund's claims. For the reasons stated, the Court recommends that the motion be denied as to Plaintiffs' claims for negligence, private nuisance, and trespass. The motion...

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