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   State Courts - Montana - January 30, 2007

  
In re Marriage of Heidema, No. 05-734, SUPREME COURT OF MONTANA, January 30, 2007, Decided
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Overview: The intervenor was not prejudiced by the entry of the dissolution decree before the parties responded to his discovery requests. The district court could not grant him any relief, because he was not a party to the marriage and had no standing to assert that the marriage was or was not irretrievably broken under Mont. Code Ann. § 40-4-101.

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Lubertazzi v. Estate of Cox, Cause No. DV-00-330, TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, January 30, 2007, Decided
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Polzin v. Appleway Equip. Leasing, Docket No. DV-05-09, TENTH JUDICIAL DISTRICT COURT OF MONTANA, JUDITH BASIN COUNTY, January 30, 2007, Decided
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Ray v. Mont. Tech of the Univ. of Mont., No. 05-234, SUPREME COURT OF MONTANA, January 30, 2007, Decided
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Overview: The trial court properly granted a college summary judgment and dismissed a professor's claims under 42 U.S.C.S. § 1983; he did not show, for purposes of his claims of a violation of Mont. Code Ann. §§ 49-2-308(1)(c), 49-3-201(1), 49-2-303(1)(a), that he was discriminated against based on his political beliefs or marital status.

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Stanton v. Wells Fargo Bank Mont., N.A., No. DA 06-0139, SUPREME COURT OF MONTANA, January 30, 2007, Decided
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Overview: Trial court properly found that a beneficiary did not exercise undue influence over a settlor under Mont. Code Ann. § 28-2-407; although the parties shared a confidential relationship, the settlor had good mental condition, the disposition to the beneficiary was not unnatural, and the settlor was not easily influenced when she changed her trust.

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Thaut v. State, No. DA 06-0087, SUPREME COURT OF MONTANA, January 30, 2007, Decided
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Overview: The trial court properly denied an inmate's petition for post-conviction relief; because certain claims should have been raised on direct appeal and were not, the inmate was procedurally barred from bringing those claims in his petition for post-conviction relief, for purposes of Mont. Code Ann. § 46-21-105(2).

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