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BAIRD v. CHOKATOS

No. 11670.

473 P.2d 547 (1970)

Nelson BAIRD, Plaintiff and Appellant, v. John H. CHOKATOS, a single man, and Themis Clessuras, a married woman, and Sophia Lambros, a married woman, and James E. Schaff, d/b/a Ace Plumbing, and Russell S. Leslie and 4 B's Restaurants, Inc., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided August 17, 1970.

Attorney(s) appearing for the Case

Hugh G. Kidder, Gille V. Wooten argued, Missoula, for appellant.

Herron & Reber, Clayton R. Herron argued, Helena, Garlington, Lohn & Robinson, Sherman V. Lohn argued, Boone, Karlberg & Haddon, Karl R. Karlberg argued, Worden, Worden, Thane & Robb, Norman C. Robb argued, Missoula, for respondents.

CASTLES, Justice.

From a summary judgment for the defendants entered in the district court of the fourth judicial district, Missoula County, plaintiff appeals.

On April 18, 1967, Nelson Baird (hereinafter referred to as appellant) was injured by a cave-in of a ditch being excavated by Ace Equipment Company for construction of a restaurant building located on the southeast corner of the intersection of East Broadway and Washington streets in Missoula, Montana...

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