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WASHINGTON WATER POWER CO. v. MORGAN ELECTRIC CO.

No. 11403.

448 P.2d 683 (1968)

The WASHINGTON WATER POWER COMPANY, a corporation and Ebasco Services, Inc., a corporation, Plaintiffs and Respondents, v. MORGAN ELECTRIC COMPANY, a corporation, and General Insurance Company of America, a corporation, Defendants and Appellants.

Supreme Court of Montana.

Submitted September 23, 1968.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Weymouth D. Symmes (argued), Billings, for defendants and appellants.

Hughes & Bennett, George T. Bennett (argued), Helena, for defendants and respondents.

HASWELL, Justice.

Plaintiffs recovered judgment against defendants in the amount of $19,414.01 covering expenditures for a compromise settlement and attorney's fees in a wrongful death action. The judgment was based on breach of an indemnity agreement in a construction contract which was secured by a performance bond. The case was tried in the district court of Lewis and Clark County before the Honorable Lester H. Loble, district judge, without a jury.

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