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PAYNE v. MOUNTAIN STATES TEL. & TEL. COMPANY

No. 10623

385 P.2d 100 (1963)

Robert PAYNE, Plaintiff and Appellant, v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of Montana.

September 11, 1963.

Attorney(s) appearing for the Case

H.B. Landoe, Joseph B. Gary, Bozeman, Arnold Huppert, Jr., Livingston, for appellant.

Toomey & Hughes, George Bennett, Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

The defendant corporation has moved this court to dismiss the purported appeal taken by the plaintiff.

The plaintiff filed an amended complaint in the district court for Park County alleging that he was employed by a contractor as a flagman on a road construction project. He further alleged that a fellow employee struck defendant's telephone cables thereby pulling down a pole which injured the plaintiff. To this amended complaint...

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