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BAILLIE v. ROLLINS

No. 12704.

530 P.2d 440 (1974)

Warren BAILLIE, Plaintiff and Appellant, v. J. W. ROLLINS, an Individual and Burlington Northern Inc., a corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 30, 1974.

Attorney(s) appearing for the Case

McKittrick & Duffy, Joseph W. Duffy argued, Great Falls, for plaintiff and appellant.

Gough, Booth, Shanahan & Johnson, Ronald F. Waterman, argued, Helena, for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

On August 10, 1970 plaintiff-appellant Warren Baillie filed suit against defendants-respondents Burlington-Northern, Inc., a corporation operating a railway in Montana, and J.W. Rollins, an individual employed by Burlington-Northern. The complaint was couched in two separate counts. The first count was addressed primarily against Burlington-Northern and in substance made these allegations: That prior to August 10, 1970 Baillie was...

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