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FERGUSON v. TOWN PUMP, INC.

No. 13819.

580 P.2d 915 (1978)

Stanley W. FERGUSON et al., Plaintiffs, v. TOWN PUMP, INC., and Bozeman Town Pump, Inc., Defendants and Third-Party Plaintiffs and Appellants, v. WALLACE DITEMEN, INC., et al., Defendants and Third-Party Defendants and Appellants.

Supreme Court of Montana.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Bolinger & Wellcome, Bozeman, G. Page Wellcome (argued), Bozeman, Brown, Pepper & Kommers, Bozeman, Gene I. Brown (argued), Bozeman, for appellants.

Goetz & Madden, Bozeman, James H. Goetz (argued), Bozeman, for plaintiffs.

HARRISON, Justice.

Plaintiffs instituted this action against Town Pump, Inc. and Bozeman Town Pump, Inc. (hereinafter referred to as Town Pump) to recover damages resulting from the gasoline contamination of their household water wells. Town Pump filed a third party complaint for indemnification against Wallace Diteman, Inc. Plaintiffs thereafter amended their complaint to include Diteman as a joint defendant.

A jury trial was held in the District Court, Gallatin...

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