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FISCUS v. BEARTOOTH ELECTRIC

No. 12685.

522 P.2d 87 (1974)

Clayton R. FISCUS, Plaintiff and Respondent, v. BEARTOOTH ELECTRIC, Defendant and Appellant.

Supreme Court of Montana.

Submitted February 27, 1974.

Rehearing Denied June 6, 1974.

Attorney(s) appearing for the Case

Hutton, Sheehy & Cromley, John C. Sheehy argued, Billings, for appellant.

Berger, Anderson, Sinclair & Murphy, Richard W. Anderson argued, Billings, for respondent, amicus curiae.

Gene Huntley argued, Baker, Bruce R. Toole argued, Billings, amicus curiae.

CASTLES, Justice.

This matter comes on an application to accept jurisdiction of an appeal from a summary judgment in favor of plaintiff on an issue of law as to immunity to a common law tort action of the defendant. No issue is made of procedural matters, and we treat this as an appeal.

The defendant in this case is Beartooth Electric Co-operative, Inc., headquartered at Red Lodge, Montana. Its business is supplying electricity in rural areas in Carbon, Stillwater...

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