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McALPINE v. MIDLAND ELEC. CO.

No. 80-109.

634 P.2d 1166 (1981)

Nancy McALPINE, Individually and as Personal Representative, Plaintiff and Appellant, v. MIDLAND ELECTRIC CO., and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided September 28, 1981.

Rehearing Denied October 14, 1981.

Attorney(s) appearing for the Case

Hoyt & Trieweiler, John C. Hoyt, argued, Great Falls, for plaintiff and appellant.

Cure & Borer, Edward Borer, argued, Marra, Wenz, Iwen & Johnson, Joseph Marra, argued, Great Falls, for defendants and respondents.

WEBER, Justice.

Daniel McAlpine was killed in an automobile accident on April 27, 1975. His widow, Nancy McAlpine, filed a wrongful death action against Roger Dahl, Midland Electric Company, and the State of Montana. Summary judgment was entered in favor of all three defendants in May 1977. Nancy McAlpine appealed, and this Court reversed the orders granting summary judgment. Dahl settled with McAlpine, and trial was had as to the remaining defendants in November...

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