WAYRYNEN FUNERAL HOME, INC. v. J. G. LINK & COMPANY

No. 1574.

279 F.Supp. 803 (1968)

WAYRYNEN FUNERAL HOME, INC., a Montana Corporation, and Ray Wayrynen and Mrs. Ray Wayrynen, Plaintiffs, v. J. G. LINK & COMPANY, a Co-Partnership of J. G. Link and Elmer F. Link, Thomas B. Lutey, an individual doing business as Lutey Construction Co., Aetna Casualty and Surety Company, a Corporation, Western Iron Works, Inc., a Montana Corporation, and Republic Steel Corporation, a Corporation, Defendants. Thomas B. LUTEY, doing business as Lutey Construction Company, a Montana Corporation, Cross-Complainant, v. WAYRYNEN FUNERAL HOME, INC., a Montana Corporation, Cross-Defendant. J. G. LINK & COMPANY, a Co-Partnership of J. G. Link and Elmer F. Link, Cross-Complainant, v. WAYRYNEN FUNERAL HOME, INC., a Montana Corporation, and Ray Wayrynen and Mrs. Ray Wayrynen, Cross-Defendants. J. G. LINK & COMPANY, a Co-Partnership of J. G. Link and Elmer F. Link, Third-Party Plaintiffs, v. CONTINENTAL CASUALTY COMPANY, an Illinois Corporation, Third-Party Defendant.

United States District Court D. Montana, Butte Division.

January 22, 1968.


Attorney(s) appearing for the Case

Poore, McKenzie, Roth & Robischon, Butte, Mont., for plaintiffs.

Lee Overfelt, Billings, Mont., for defendant J. G. Link & Co.

McCaffery & Peterson, Butte, Mont., for Thomas B. Lutey and Aetna Casualty & Surety Co.

Maffei & Harrington, Butte, Mont., for Western Iron Works.

Corette, Smith, Dean & Wellcome, Butte, Mont., for Republic Steel Corp.

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for Continental Casualty Co.


MEMORANDUM AND OPINION

MURRAY, Senior District Judge.

This action was commenced in the District Court of the Second Judicial District of the State of Montana, in and for the County of Silver Bow.

Plaintiffs are citizens of Montana and sue several defendants, alleging negligence in the design and construction of a mortuary building and apartment, and a breach of warranty in the fitness of the building for the purpose intended.

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