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WELLS v. STANLEY J. THILL AND ASSOCIATES, INC.

No. 11524.

452 P.2d 1015 (1969)

Beauford J. WELLS and Clifford J. Atkinson, Plaintiffs and Appellants, v. STANLEY J. THILL AND ASSOCIATES, INC., and the City of Belt, a Municipal Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided March 31, 1969.

Attorney(s) appearing for the Case

Graybill, Graybill & Ostrem, Donald L. Ostrem, (argued), Great Falls, for plaintiffs and appellants.

Angland & Marra, Joseph Marra, (argued), Jardine, Stephenson, Blewett & Weaver, Jack L. Lewis, (argued), Great Falls, for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

The plaintiffs brought this action in the district court to recover damages for personal injuries. Upon defendants' motions to dismiss, the trial judge determined to treat the motions as motions for summary judgment under Rule 12(b) (6), M.R.Civ.P., and ordered summary judgment entered against the plaintiffs. From this order the plaintiffs appeal.

Plaintiffs were injured in a 1964 trench cave-in while employed by an independent...

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