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PIONEER CONCRETE & FUEL v. APEX CONST.

No. 80-122.

620 P.2d 854 (1980)

PIONEER CONCRETE & FUEL, INC., a corporation, Plaintiff and Respondent, v. APEX CONSTRUCTION, INC., a corporation; and United Pacific Insurance Company, a corporation, Defendants, Third-Party Plaintiffs and Appellant, v. Darrell BIRDSBILL, d/b/a Birdsbill Cement Contractor, Third-Party Defendant.

Supreme Court of Montana.

Decided December 24, 1980.

Attorney(s) appearing for the Case

Gough, Shanahan, Johnson & Waterman, Helena, for appellants.

Corette, Smith, Dean, Pohlman & Allen, Butte, for respondent.

HASWELL, Chief Justice.

United Pacific Insurance Company appeals from an order directing the entry of judgment in favor of Pioneer Concrete & Fuel, Inc. The Silver Bow County District Court's order left a third-party complaint in the same action pending. We find the District Court's order nonappealable within Rule 1, M.R.App.Civ.P., and Rule 54(b), M.R.Civ.P., and dismiss this appeal without prejudice.

Plaintiff-respondent Pioneer Concrete & Fuel Inc...

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