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DUCHESNEAU v. SILVER BOW COUNTY

Nos. 11891, 12154.

492 P.2d 926 (1971)

F.P. DUCHESNEAU et al., Plaintiffs and Appellants, v. SILVER BOW COUNTY, a political subdivision of the State of Montana, and Neil Bolton, Appellants, Defendants and Third-Party Plaintiffs, v. MACK TRUCKS, INC., and Roberts Rocky Mountain Equipment Company, Third-Party Defendants and Respondents. Paul A. TALLON, Plaintiff and Respondent, v. SILVER BOW COUNTY, Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided August 9, 1971.

Submitted on Rehearing October 28, 1971.

Decided December 8, 1971.

Attorney(s) appearing for the Case

Leonard Haxby, Lawrence G. Stimatz, County Atty., Butte, Mark P. Sullivan, argued, Butte, Neil J. Lynch, Butte, Knight, Dahood & Mackay, Anaconda, Wade J. Dahood, Anaconda, argued, Corette, Smith & Dean, Butte, Dolphy O. Pohlman, Jr., argued, Butte, Burgess, Joyce, Prothero & Whelan, Butte, for appellants.

Poore, McKenzie & Roth, Butte, Allen R. McKenzie argued, Butte, for respondents.

HASWELL, Justice.

This is an appeal by various parties in a consolidated multiple party negligence case from separate orders granting summary judgment on the issue of liability and judgments entered accordingly. The orders and judgments were entered by the district court of Silver Bow County upon application therefor by the moving parties following extensive pretrial discovery.

On August 26, 1968, a water truck owned...

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