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CARL WEISSMAN & SONS v. ST. PAUL FIRE & M. INS.

No. 11489.

448 P.2d 740 (1968)

CARL WEISSMAN & SONS, INC., Plaintiff and Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Submitted September 24, 1968.

Attorney(s) appearing for the Case

Church, Harris, Johnson & Williams, Cresap S. McCracken (argued), J. Dwaine Roybal (argued), Great Falls, for appellant.

Jardine, Stephenson, Blewett & Weaver, Jack L. Lewis (argued), Alex Blewett, Jr. (appeared), Great Falls, for respondent.

JAMES T. HARRISON, Chief Justice.

This appeal stems from an action brought in the eighth judicial district, Cascade County, by Carl Weissman & Sons, Inc., against the appellant, St. Paul Fire & Marine Insurance Company, as surety for Great Falls Plumbing, Heating & Sheet Metal Co., Inc. The lower court granted summary judgment in favor of Weissman for stipulated damages which summary judgment was based upon an underlying summary judgment determining liability...

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