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HASBROUCK v. KRSUL

No. 12958.

541 P.2d 1197 (1975)

W. Earl HASBROUCK, d/b/a Great Falls Terminal Warehouse Company, Plaintiff, v. John C. KRSUL, Sheriff, Defendant and Third-Party Plaintiff, and Appellant, v. Dorla WILSON, Third-Party Defendant, and E.F. Gianotti, Additional Third-Party Defendant, and Respondent.

Supreme Court of Montana.

Decided November 4, 1975.

Attorney(s) appearing for the Case

Graybill, Ostrem, Warner & Crotty, Great Falls, Donald Ostrem (argued), Great Falls, for appellant.

Smith, Emmons & Baillie, Great Falls, William L. Baillie (argued), Great Falls, for respondent.

CASTLES, Justice.

This is an appeal from an order dismissing a third party complaint for failure to state a claim upon which relief may be granted. M.R.Civ.P., Rule 12(b)(6). The order was made in an action brought to recover certain storage fees in the district court, Cascade County, Judge R.J. Nelson presiding.

Appellant, third party plaintiff, Sheriff John C. Krsul was defendant in an action brought by one Hasbrouck...

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