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FRENCH v. RALPH E. MOORE, INC.

No. 82-246.

661 P.2d 844 (1983)

John B. FRENCH and Ruth French, Plaintiff and Respondent, v. RALPH E. MOORE, INC., d/b/a Interstate Texaco Service Station, Defendant and Appellant.

Supreme Court of Montana.

Decided April 7, 1983.

Attorney(s) appearing for the Case

Berg, Coil, Stokes & Tollefsen, Gig A. Tollefsen argued, Bozeman, for defendant and appellant.

Goetz, Madden & Dunn, James H. Goetz argued, Bozeman, for plaintiff and respondent.

SHEA, Justice.

The defendant, Ralph E. Moore, Inc. d/b/a Interstate Texaco Service, appeals a judgment entered on a jury verdict in Park County District Court. The action was a suit for damages arising out of injury to real property caused by gasoline contamination or pollution of the plaintiffs' restaurant and family home. The suit was based on nuisance, trespass, and negligence theories. The jury awarded $58,500 to John and Ruth French for diminution of value of...

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