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HENSLEY v. UNITED STATES

Civ. No. 2716.

279 F.Supp. 548 (1968)

Thomas August HENSLEY, Plaintiff, v. UNITED STATES of America; Al Johnson Construction Company, a Corporation; and Continental Drilling Company, a Corporation, Defendants.

United States District Court D. Montana, Great Falls Division.

February 2, 1968.

Attorney(s) appearing for the Case

Bretz & Gabriel, Great Falls, Mont., for plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., for the United States.

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant, Continental Drilling Co., Cure & Borer, Great Falls, Mont., for defendant, Al Johnson Const. Co.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

The United States, acting through the Bureau of Reclamation, undertook to build the Swift River Dam in Pondera County, Montana. The defendant, Al Johnson Construction Company (Johnson), was awarded the prime contract. The contract contained a clause providing that

"The contractor shall at all times be fully responsible for and exercise reasonable precaution for the health and safety of his employees...

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