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BONAWITZ v. BOURKE

No. 13520.

567 P.2d 32 (1977)

Norval C. BONAWITZ, Plaintiff and Respondent, v. Lois BOURKE as Executrix of the Estate of Pat Bourke, Defendant and Third Party Plaintiff and Appellant, v. Russell FLEHARTY, Gene Mossey, William H. Webster, and William J. Webster, Third Party-Defendants and Respondents.

Supreme Court of Montana.

Decided July 14, 1977.

Rehearing Denied August 18, 1977.

Attorney(s) appearing for the Case

Cure & Borer, Great Falls, Edward W. Borer argued, Great Falls, Patterson & Marsillo, Missoula, for defendant and third party plaintiff and appellant.

Robert L. Johnson, Lewistown, Torger Oaas argued, Lewistown, Marra Wenz & Iwen, Great Falls, David A. Hopkins argued, Great Falls, Rapkoch & Knopp, Lewistown, Robert L. Knopp argued, Lewistown, for plaintiff and respondent.

HARRISON, Justice.

Plaintiff Norval Bonawitz brought suit in the district court, Cascade County, against the Estate of Pat Bourke, deceased, to recover damages for injuries suffered when a scaffold upon which he was working collapsed. Bourke died after the accident, but prior to commencement of this action. The Estate of Bourke (Bourke) filed a third party complaint for indemnity against third party defendants Russell Fleharty...

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