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TOMPKINS v. NORTHWESTERN UNION TRUST CO.

Nos. 81-403, 81-404.

645 P.2d 402 (1982)

E. Allen TOMPKINS and Myrtle Tompkins, heirs of Hillary Tompkins, deceased, Plaintiffs and Appellants, v. NORTHWESTERN UNION TRUST COMPANY OF HELENA, Montana, et al., Defendants and Respondents. James V. SMITH and Rosena A. Smith heirs of Larry B. Smith, deceased, Plaintiffs and Appellants, v. NORTHWESTERN UNION TRUST COMPANY OF HELENA, Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided May 11, 1982.

Attorney(s) appearing for the Case

C.W. Leaphart, Jr. argued and W.W. Leaphart argued, Helena, for plaintiffs and appellants.

Recht & Greef, Hamilton, John D. Greef argued, Hamilton, Kline & Niklas, Helena, for defendants and respondents.

MORRISON, Justice.

Plaintiffs appeal from judgment entered for defendant and the denial of a new trial motion. This is a negligence action for wrongful death, brought in the First Judicial District Court, Lewis and Clark County. We reverse and remand for a new trial.

The action arises out of an airplane crash in which all aboard were killed. On September 19, 1978, pilot Herschel Dean Moore, III, left Missoula bound for Bozeman at 3:30 P.M. Moore had three...

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