Grove v. Montana Army National Guard

This is an appeal from a dismissal of this action by the First Judicial District Court, Lewis and Clark County, due to the courts determination that it did not have jurisdiction. The court determined that the plaintiffs were on federal active duty for the Montana Army National Guard (the Guard) and not subject to the courts jurisdiction. We reverse and remand.

We address the following issue as being dispositive of the case: Did the court err by dismissing the action due to lack of jurisdiction based upon the determination that plaintiffs were on federal active duty with the Guard?

Plaintiff…