SHACKLETON v. NEIL

No. 83-264.

672 P.2d 1112 (1983)

John A. SHACKLETON, Plaintiff and Appellant, v. Robin R. NEIL, an Individual, S.S. White Company, and John Doe Corporation, Defendants and Respondents. S.S. WHITE RETAIL DIVISION, A DIVISION OF PENNWALT CORPORATION, Third Party Plaintiff and Respondent, v. TELEDYNE, INC., a corporation, Third Party Defendant and Respondent.

Supreme Court of Montana.

Decided December 1, 1983.


Attorney(s) appearing for the Case

Joseph W. Duffy, Great Falls, for plaintiff and appellant.

Alexander & Baucus, Edward C. Alexander, Smith, Baillie & Walsh, James R. Walsh, Jardine, Stephenson, Blewett & Weaver, Keith Tokerud, Great Falls, for respondents.


HASWELL, Chief Justice.

John Shackleton appeals the Cascade County District Court dismissal for failure to prosecute in his personal injury action against Robin R. Neil, S.S. White Retail Division of Pennwalt Corporation (White) and Teledyne, Inc. (Teledyne), all respondents in this appeal. We affirm.

On June 29, 1972, John Shackleton swallowed a metal dental instrument while his dentist, Robin Neil, was working on him. Neil initially indicated it would pass...

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