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ASHCRAFT v. MONTANA POWER COMPANY

No. 11822.

480 P.2d 812 (1971)

Charles D. ASHCRAFT, Plaintiff and Appellant, v. The MONTANA POWER COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided February 2, 1971.

Rehearing Denied February 26, 1971.

Attorney(s) appearing for the Case

Knight, Dahood & Mackay, Wade J. Dahood (argued), David M. McLean (argued), Anaconda, for plaintiff and appellant.

Corette, Smith & Dean, Kendrick Smith (argued), James Anderson (argued), Butte, for defendant and respondent.

JAMES T. HARRISON, Chief Justice.

Plaintiff, Charles D. Ashcraft, appealed from an order of the district court of Silver Bow County granting the defendant, Montana Power Company's motion for summary judgment.

Stipulated facts are as follows: On December 31, 1966, defendant contracted with Swain & Morris Construction Company, Inc., to construct electrical lines and facilities. Swain & Morris was designated as an independent contractor in the contract...

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