LAVELLE v. KENNEALLY

No. 12411.

529 P.2d 788 (1974)

William P. LAVELLE, Plaintiff and Appellant, v. Thomas F. KENNEALLY et al., Defendant and Respondent.

Supreme Court of Montana.

Decided December 18, 1974.


Attorney(s) appearing for the Case

Neil J. Lynch (argued), Butte, for plaintiff and appellant.

Robert J. Holland (argued), Butte, for defendant and respondent.


JAMES T. HARRISON, Chief Justice.

In this cause William P. LaVelle sued Thomas F. Kenneally, d/b/a Intermountain Trucking Co., to recover damages for an alleged breach of contract to haul petroleum products under tariff regulations formulated by the Montana Railroad Commission (MRC). This contract was effective from its inception in February 1965 to its termination in June 1970, and consisted of a series of leases providing that LaVelle would rent Kenneally's trucks...

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