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SILVER v. DANIEL

No. 11843.

477 P.2d 516 (1970)

Ray SILVER and Al Brand d/b/a al and Ray's Westside Texaco Service, Plaintiffs and Appellants, v. Carl W. DANIEL, an individual, Metals Bank and Trust Company, a Corporation and the St. Paul Insurance Companies, a Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided November 16, 1970.

Rehearing Denied December 21, 1970.

Attorney(s) appearing for the Case

Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Thomas Joyce appeared and Robert O'Leary argued, Butte, Knight, Dahood & MacKay, Anaconda, for plaintiffs-appellants.

Corette, Smith & Dean, Butte, James Anderson argued and R.D. Corette, Jr. appeared, Butte, for defendants-respondents.

WESLEY CASTLES, Justice.

This is an appeal from an order and judgment of the district court of the second judicial district granting a motion for summary judgment for the defendant Metals Bank and Trust Company, dismissing it from the case. Defendants Carl W. Daniel and the St. Paul Insurance Companies remain as parties defendant in an action to recover the value of certain equipment destroyed in a fire on February 2, 1967.

Plaintiffs Ray Silver and Al Brand...

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