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AMERICAN STATES INSURANCE CO. v. ANGSTMAN MOTORS, INC.

Civ. No. 2902.

343 F.Supp. 576 (1972)

AMERICAN STATES INSURANCE COMPANY, Plaintiff, v. ANGSTMAN MOTORS, INC., a corporation, et al., Defendants.

United States District Court, D. Montana, Havre-Glasgow Division.

May 24, 1972.

Attorney(s) appearing for the Case

L. Morris Ormseth, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for plaintiff.

Jess L. Angstman, Havre, Mont., for Angstman Motors, Inc.

Robert J. Emmons, Smith, Emmons & Baillie, Great Falls, Mont., for U. S. F. & G.

John B. Kuhr, and John A. Warner, Weber, Bosch, Kuhr, Dugdale & Warner, Havre, Mont., for Rueben Johnson.

Robert B. Gillan, Staff Atty., Cascade County Legal Services Assn., Great Falls, Mont., Guardian ad Litem for Ronald Hearn.

J. Chan Ettien, Morrison & Ettien, Havre, Mont., for Ruth Griffin.

MEMORANDUM OPINION AND ORDER

BATTIN, District Judge.

On August 1, 1968, defendant Johnson arranged to try out a 1952 Chevrolet grain truck owned by defendant Angstman Motors, Inc. (Angstman). It was his intention to purchase this truck, if it was adequate for his needs. Johnson needed a truck to replace one of his trucks which had become inoperable.

Johnson gave Battleson, salesman for Angstman, a check...

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