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McEWEN v. BIG SKY OF MONTANA, INC.

No. 13065.

545 P.2d 665 (1976)

A.B. McEWEN, Plaintiff and Appellant, v. BIG SKY OF MONTANA, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided January 16, 1976.

Attorney(s) appearing for the Case

Brown & Gilbert, Gene I. Brown (argued), Bozeman, for plaintiff and appellant.

William L. Pepper (argued), Big Sky, for defendant and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment of the district court, Gallatin County, granting plaintiff damages and the return of his truck. Plaintiff contends the damages are insufficient. Defendant cross-appeals the denial of its motion to dismiss for failure to state a claim upon which relief can be granted.

In November, 1972, plaintiff leased a 1952 three-quarter ton Dodge Power Wagon to defendant for use in the construction of ski...

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