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ROTHER-GALLAGHER v. MONTANA POWER COMPANY

No. 12650.

522 P.2d 1226 (1974)

ROTHER-GALLAGHER, a partnership composed of William J. Gallagher and James Rother, Jr., Plaintiffs and Appellants, v. MONTANA POWER COMPANY, a Montana corporation, Defendant and Respondent.

Supreme Court of Montana.

Submitted April 24, 1974.

Attorney(s) appearing for the Case

Goldman, McChesney & Datsopolous, Missoula, James Wheelis and Milton Datsopoulos, argued, Missoula, for plaintiffs and appellants.

Corette, Smith & Dean, Butte, Kendrick Smith, argued, Butte, for defendant and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from an order of the district court granting summary judgment in a timber sale contract dispute. We affirm the judgment of the district court.

On July 23, 1958, two corporations, Rother's Inc. and Rother Lumber Co., Inc., entered into a timber contract with the Montana Power Company to log off an area in Missoula County. Under the contract the two corporations agreed to construct a main-haul timber road, known as...

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