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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. LEARY

No. 13013.

544 P.2d 444 (1975)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant, v. James P. LEARY et al., Defendants and Respondents.

Supreme Court of Montana.

Submitted November 4, 1975.

Attorney(s) appearing for the Case

McKeon & Skakles, Anaconda, Michael J. McKeon argued, Anaconda, for appellant.

Scanlon, Brolin & Connors, Anaconda, Joseph C. Connors argued, Anaconda, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from an order of the district court Silver Bow County, granting a summary judgment in an action to declare the rights and duties of an insurance company.

On July 27, 1973, Herman and Sylvia Meyers, husband and wife, were involved in an automobile accident approximately ten miles south of Butte, Montana. Herman Meyers was driving the automobile, with Sylvia Meyers as a passenger. Through the alleged negligence...

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