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FOY v. ANDERSON

No. 14029.

580 P.2d 114 (1978)

Darby J. FOY and Jo Ann K. Gilreath, Plaintiffs and Respondents, v. David R. ANDERSON, Defendant and Third-Party Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, an Insurance Corporation, Bud Smith, the State of Montana Department of Highways, and Karen Eggan, Third-Party Defendants.

Supreme Court of Montana.

Decided June 13, 1978.

Attorney(s) appearing for the Case

Smith Law Firm, Helena, Robert J. Sewell, Jr. argued, Helena, for defendant and third-party plaintiff and appellant.

Patrick F. Hooks, Townsend, Daley & Sherlock, Kalispell, Gough, Shanahan, Johnson & Waterman, Helena, Mark A. Bryan argued, Bozeman, for plaintiffs and respondents.

DALY, Justice:

This is an appeal from the dismissal of a third party declaratory action filed in the District Court, Lewis and Clark County.

On September 5, 1975, Karen Eggan was a passenger with Darby Foy in a Volkswagen driven by Jo Ann K. Gilreath. The Gilreath car was struck in the rear by David R. Anderson who was driving his car in the same direction. Both Jo Ann K. Gilreath and Darby J. Foy sustained injuries as a result of the accident. Karen Eggan...

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