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DAHLMAN v. GREAT NORTHERN RAILWAY COMPANY

No. 11781.

480 P.2d 177 (1970)

Jack F. DAHLMAN, d/b/a Dahlman Transfer Business, Plaintiff and Respondent and Cross Appellant, v. GREAT NORTHERN RAILWAY COMPANY, a corporation, Defendant and Appellant and Cross Respondent.

Supreme Court of Montana.

Decided December 17, 1970.

Rehearing Denied February 11, 1971.

Attorney(s) appearing for the Case

H.D. Carmichael, Butte, Gough, Booth, Shanahan & Johnson, Edwin S. Booth, argued, Helena, for appellant.

Corette, Smith & Dean, Butte, Kendrick Smith argued, Butte, Meyer & Purcell, Butte, for respondent.

DALY, Justice.

This is a declaratory judgment action between a Butte transfer business and a railroad to determine their respective rights to indemnity under applicable contract provisions between them. From a judgment of the district court of Silver Bow County holding that neither party was entitled to indemnity from the other, an appeal and crossappeal by the parties has been taken.

Plaintiff in the declaratory judgment action is Jack F. Dahlman doing business...

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