TOWN PUMP, INC. v. DITEMAN

No. 80-192.

622 P.2d 212 (1981)

TOWN PUMP, INC., and Bozeman Town Pump, Inc., Plaintiffs and Appellants, v. Wallace DITEMAN, Defendant and Respondent.

Supreme Court of Montana.

Decided January 12, 1981.


Attorney(s) appearing for the Case

Landoe, Brown, Planalp, Kommers & Lineberger, Bozeman, for plaintiffs and appellants.

Page Wellcome, Bozeman, for defendant and respondent.


SHEEHY, Justice.

Town Pump, Inc. and Bozeman Town Pump, Inc. appeal from an adverse judgment in their indemnity action against Wallace Diteman d/b/a W.D. Construction, rendered in the District Court, Eighteenth Judicial District, Gallatin County.

Town Pump's indemnity claim arose out of an action by various landowners whose water wells had been polluted by gasoline escaping from a gasoline station in Bozeman, owned by Town Pump. The original suit was brought...

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