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MONTANA, ETC. v. CLARK FORK LOGGING CO.

No. 81-465.

646 P.2d 1207 (1982)

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Plaintiff and Appellant, v. CLARK FORK LOGGING COMPANY, INC., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 24, 1982.

Attorney(s) appearing for the Case

Gary L. Spaeth, Dept. of Natural Resources, Helena, for plaintiff and appellant.

Worden, Thane, Haines, Garlington, Lohn & Robinson, Missoula, for defendants and respondents.

MORRISON, Justice.

The Department of Natural Resources and Conservation (DNRC) appeals the March 19, 1980, summary judgment order dismissing Count I of its complaint against defendants, Clark Fork Logging Company (Clark Fork) and William Cuddy. We affirm.

Clark Fork entered into a timber sale contract with the United States Forest Service to log an area in Sanders County near Indian Creek. Clark Fork then contracted with Cuddy to log the area. Cuddy subsequently...

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