[DOWNLOAD] "Trankel v. State" by Nevada Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Trankel v. State
- Author : Nevada Supreme Court
- Release Date : January 30, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The plaintiff, James B. Trankel, commenced this action in the District Court for the First Judicial District in Lewis and Clark County to recover damages for personal injuries sustained while working on property owned and controlled by the defendant, State of Montana, through its Department of Military Affairs. The State moved to dismiss Trankels complaint pursuant to Rule 12(b)(6), M.R.Civ.P. After considering the arguments of the parties, the District Court concluded that Trankels claim was barred by the U.S. Supreme Courts decision in Feres v. United States (1950), 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152, and our prior decision in Evans v. Montana National Guard (1986), 223 Mont. 482, 726 P.2d 1160. The District Court granted the States motion to dismiss. Trankel appeals from the District Courts order granting the States motion. We reverse the judgment of the District Court.
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