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RUDE v. NEAL

No. 12526.

530 P.2d 428 (1974)

Dean A. RUDE, Plaintiff and Respondent, v. James NEAL and Wilbert Kerr, d/b/a Kerr Trucking Sales, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1974.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Helena, Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn argued, Kalispell, Goldman, McChesney & Datsopolous, Ronald B. MacDonald argued, Missoula, for defendants and appellants.

Harris, Jackson & Utick, Andrew J. Utick argued, Helena, Worden, Thane, Haines & Williams, Shelton C. Williams argued, Missoula, for plaintiff and respondent.

HASWELL, Justice.

This is an appeal from a judgment entered in the district court, Lake County, in an automobile accident damage suit. Plaintiff Dean A. Rude was the driver of a Chevrolet involved in a collision with a Ford driven by defendant James Neal, in which the owner defendant William Kerr was a front seat passenger.

The accident occurred about 6:40 p.m., September 16, 1970, in front of Sam White's Bar on U.S. 12 near Elliston, Montana. Rude was driving...

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