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STATE FARM MUT. AUTO. INS. CO. v. SOLEM

No. 80-78.

622 P.2d 682 (1981)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Third-party Plaintiff, v. Cindy J. SOLEM, Plaintiff and Appellant, v. Helen G. BUCKINGHAM, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided January 28, 1981.

As Amended February 3, 1981.

Attorney(s) appearing for the Case

Williams Law Firm, Missoula, Berger, Anderson, Sinclair & Murphy, Billings, for plaintiff and appellant.

Garlington, Lohn & Robinson, Missoula, for third-party defendant and respondent.

SHEA, Justice.

State Farm Mutual Automobile Insurance Company sued by its insured under an uninsured motorist provision, appeals from an order of the Missoula County District Court dismissing its third-party complaint which sought indemnity from the uninsured motorist for any liability the insurance company might be adjudged to owe the plaintiff. We hold that the District Court erred in not allowing State Farm to implead the third-party defendant.

Cindy J...

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