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FLOYD v. CITY OF BUTTE

No. 11349.

439 P.2d 759 (1968)

Robert E. FLOYD et al., Plaintiff and Respondent, v. CITY OF BUTTE, Defendant and Third-Party Plaintiff and Appellant, v. METRO SANITARY AND STORM SEWER DISTRICT NO. 1 OF SILVER BOW COUNTY, Montana, Third-Party Defendant and Respondent.

Supreme Court of Montana.

April 15, 1968.

Attorney(s) appearing for the Case

William N. Geagan (argued), Butte, Maurice F. Hennessey, Butte, for appellant.

Poore, McKenzie, Roth & Robischon, Mark P. Sullivan (argued), Robert J. Holland (argued), Butte, for respondent.

PER CURIAM.

This is an appeal from a judgment entered following an order dismissing a third party complaint for the reason that the complaint did not state grounds on which relief could be granted. The matter arose when an action was brought against the City of Butte, hereafter called City, for damages caused by the city-owned sanitary and storm sewer system. The City settled that suit and now seeks to recover the damages it paid from the Metro Sanitary and Storm...

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