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AMBROGINI v. TODD

No. 81-266.

642 P.2d 1013 (1982)

James V. AMBROGINI and Robert D. Flint, Plaintiffs and Appellants, v. Sonny TODD, The State of Montana and Montana State Department of Highways, Defendants and Respondents.

Supreme Court of Montana.

Decided February 25, 1982.

As Amended March 1, 1982.

Rehearing Denied April 15, 1982.

Attorney(s) appearing for the Case

Gregory O. Morgan, Bozeman, for plaintiffs and appellants.

Landoe, Brown, Planalp, Kommers & Lineberger, Bozeman, J. Daniel Hoven, Helena, for defendants and respondents.

MORRISON, Justice.

The plaintiffs, James Ambrogini and Robert Flint, appeal from summary judgment entered by the Sixth Judicial District Court in favor of both defendants, Sonny Todd and the Montana Department of Highways.

On May 3, 1979, Flint was driving a truck owned by Ambrogini when it collided with two angus heifer calves on Highway 10. The calves were owned by Todd. In November of 1979, the plaintiffs filed separate actions against defendant Todd alleging...

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