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   State Courts - Montana - May 9, 2006

  
Bean v. State, Cause No. ADV-2004-707, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 9, 2006, Decided
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Bitterroot River Prot. Assoc. v. Bitterroot Conservation Dist., Cause No. DV-03-476, TWENTY-FIRST JUDICIAL DISTRICT COURT OF MONTANA, RAVALLI COUNTY, May 9, 2006, Decided
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Chapman v. Credit Assocs., No. 05-238, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Patient's claim against a company under the Fair Debt Collection Practices Act, 15 U.S.C.S. §§ 1692-1692o, was time-barred under 15 U.S.C.S. § 1692k(d) because it was not filed within one year of the last allegedly unlawful communication, and nothing operated to toll the period, including the patient's claim under the Act in federal court.

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Coleman Constr., Inc. v. Kudrna, No. 05-187, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: In a suit brought under Mont. Code Ann. § 70-24-442(1), a part of the Montana Residential Landlord and Tenant Act of 1997, an insured landlord was permitted to recover attorney fees as the prevailing party. The Supreme Court of Montana declined to extend the Tripp standard.

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Gehring v. State, No. 05-233, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Where a property owner filed suit against government defendants for failing to control noxious weeds on their property which spread to plaintiff's property, the district court dismissed the complaint for failure to state a claim for relief under Mont. Code Ann. § 2-9-301. Plaintiff's appellate brief did not comply with Mont. R. App. P. 23.

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Grandparent-Grandchild Contact of Pamela Stewart v. Evans, No. 04-663, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: The Uniform Child Custody Jurisdiction and Enforcement Act, Mont. Code Ann. tit. 40, ch. 7, did not govern proceedings under Mont. Code Ann. tit. 40, ch. 9, and the Act's processes were not available for grandparent-grandchild disputes; rather, the general law governing subject matter jurisdiction applied to such petitions.

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In re Branning, No. 05-099, SUPREME COURT OF MONTANA, May 9, 2006, Decided
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Overview: Upon the termination of a guardianship, the guardian requested reimbursement of expenses but failed to provide documentation to satisfy the inventory requirements of Mont. Code Ann. § 72-5-424. The district court erred by failing to address estate assets not documented where the existence and value of the property was undisputed.

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Leber Mining Co. v. KXLF Communications, Cause No. DV-99-9708, FIFTH JUDICIAL DISTRICT COURT OF MONTANA, JEFFERSON COUNTY, May 9, 2006, Decided
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McKinney v. Nugent, Cause No. DV-06-021, TWELFTH JUDICIAL DISTRICT COURT OF MONTANA, HILL COUNTY, May 9, 2006, Decided
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Miller v. Malberg (In re A.C.M.), Docket No. CDR-2006-5, FIRST JUDICIAL DISTRICT COURT OF MONTANA, LEWIS AND CLARK COUNTY, May 9, 2006, Decided
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