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LEARY v. KELLY PIPE COMPANY

No. 12894.

549 P.2d 813 (1976)

Patrick LEARY, Plaintiff and Appellant, v. KELLY PIPE COMPANY, a California Corporation, et al., Defendants and Respondents.

Supreme Court of Montana.

Submitted February 3, 1976.

Rehearing Denied May 28, 1976.

Attorney(s) appearing for the Case

Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Thomas F. Joyce (argued), Robert T. O'Leary (argued), Butte, for plaintiff and appellant.

Corette, Smith & Dean, Butte, R.D. Corette, Jr. (argued), Henningsen, Purcell & Genzberger, Rex F. Henningsen (argued), Butte, for defendants and respondents.

HASWELL, Justice.

Plaintiff Patrick Leary brought this action in the district court of Silver Bow County against the Kelly Pipe Company, F-B Truck Lines and Richard Wood for damages based upon the alleged negligence of all defendants. Plaintiff suffered personal injuries when a load of pipe fell from a truck-trailer onto him while he was assisting in the process of unloading. A separate jury verdict was returned for each defendant and judgment was entered accordingly...

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