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MORRIS v. McCARTHY

No. 12166.

497 P.2d 102 (1972)

Arnold B. MORRIS, Plaintiff and Appellant, v. Lawrence J. McCARTHY et al., Defendants and Respondents.

Supreme Court of Montana.

Decided May 9, 1972.

Attorney(s) appearing for the Case

William Dee Morris (argued), Helena, for plaintiff and appellant.

Alex C. Morrison (argued), Plains, for defendants and respondents.

JOHN C. HARRISON, Justice.

This appeal results from the dismissal of plaintiff's complaint by the district court of the fourth judicial district, county of Sanders.

Plaintiff, Arnold B. Morris, filed a complaint seeking damages against defendants alleging they disabled a D-7 Cat owned by plaintiff by draining all of its fuel and thus preventing the removal of the D-7 Cat from a mountainside before the radiator froze causing the engine to be ruined.

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