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HAWTHORNE v. KOBER CONST. CO., INC.

No. 81-159.

640 P.2d 467 (1982)

Glenn HAWTHORNE, d/b/a Hawthorne Steel et al., Plaintiff and Appellant, v. KOBER CONSTRUCTION COMPANY, INC., et al., Defendant and Respondent.

Supreme Court of Montana.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, Jack Lewis argued, Great Falls, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Cynthia Ford argued, Anderson, Brown, Gerbase, Cebull & Jones, P.C., Billings, for defendant and respondent.

MORRISON, Justice.

This action was instituted by Glenn Hawthorne, d/b/a Hawthorne Steel (Hawthorne), against the prime contractor Kober Construction Co., Inc. (Kober) and against Pittsburgh-Des Moines Steel Company (PDM), a steel supplier. The trial court entered partial summary judgment against Hawthorne and in favor of PDM. Hawthorne appeals following certification by the trial court that the order was an appealable one.

Kober contracted to build the Metra...

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