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EMPIRE STEEL MFG. CO. v. CARLSON

No. 80-243.

622 P.2d 1016 (1981)

EMPIRE STEEL MANUFACTURING COMPANY, a Corporation, Plaintiff and Respondent, v. R.E. CARLSON, doing business as Burleson Transportation, and Frank V. Burleson, Defendants and Appellants, Frank V. BURLESON, Defendant and Third-party Plaintiff, and Co-Respondent, v. R.E. CARLSON, doing business as Burleson Transportation, Third-party Defendant and Appellant.

Supreme Court of Montana.

Decided January 27, 1981.

Attorney(s) appearing for the Case

Olsen, Christensen & Gannett, Billings, for appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Gary Beiswanger, Billings, for respondent.

SHEEHY, Justice.

Empire Steel Manufacturing Company (Empire) filed its complaint in the District Court, Thirteenth Judicial District, Yellowstone County, alleging in the alternative, that it had a contract for the haulage of coal silos with either R.E. Carlson, d/b/a Burleson Transportation or Frank Burleson; that the contract for haulage had not been performed by either; and that it had incurred damages thereby. Carlson...

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