BENTON v SCHULZE
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No. 92-065 I N THE SUPREME COURT OF THE STATE OF MONTANA 1992 ROBERT BENTON, Plaintiff and Appellant, -vsLORELLE ADAMS and MARY SCHULZE, Defendants and Respondents. APPEAL FROM: District Court of the Third Judicial District, In and for the County of Powell, The Honorable Ted L. Mizner, Judge presiding. COUNSEL OF RECORD: For Appellant: Robert Benton, Pro Se, Deer Lodge, Montana For Respondent: Norman, C. Peterson, Agency Legal Services Bureau, Helena, Montana submitted on Briefs : Decided: Filed: '-' ! ( : d CLE!-;;; C F 5 : j p ~r"h-' i E COU ! j . 'a' 2i;;z STATE O F M O N T A N A Clerk June 4 , 19 9 2 June 3 0 , 1 9 9 2 Chief Justice J.A. Turnage delivered the Opinion of the Court. Robert Benton (Benton) appeals an order of the Third Judicial District, Powell County, which dismissed his complaint for failure to state a claim against Lorelle Adams (Adams) and Mary Schulze (Schulze), employees of the Montana Department of Family Services. We affirm. We consolidate the issues presented on appeal to the following: Did the District Court err when it dismissed Benton's complaint alleging defamation and invasion of privacy against Adams and Schulze? On August 12, 1991, Benton filed a complaint against Adams and Schulze alleging defamation and invasion of privacy based on a letter Adams wrote to Benton's girlfriend. Benton's sole claim against Schulze is that she is Adams' supervisor. Following a review of the record, we hold that the District Court properly dismissed Benton's complaint for failure to state a claim. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Operating Rules, this decision shall not be cited as precedent and shall be published by its filing as a public document with the Clerk of this Court and by a report of its result to West Publishing Company. We concur: June 30, 1992 CERTIFICATE OF SERVICE I hereby certify that the following order was sent by United States mail, prepaid, to the following named: Robert Benton 700 Conley Lake Road Deer Lodge, MT 59722 Hon. Marc Racicot, Attorney General Norman Peterson, Assistant 215 N. Sanders Helena, MT 59620 Bill Gianoulias, Chief Defense Counsel Department of Administration, Tort Claims Mitchell Building Helena, MT 59620 ED SMITH CLERK OF THE SUPREME COURT STATE OH MONTANA
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