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SHANNON v. HULETT

No. 83-101.

668 P.2d 228 (1983)

Charles SHANNON, Plaintiff and Respondent, v. Donald E. HULETT, East Valley Trucking and Steve Luksha, Defendants and Appellants.

Supreme Court of Montana.

Decided August 16, 1983.

Attorney(s) appearing for the Case

Corette, Smith, Polhman & Allen, Robert M. Carlson and R.D. Corette, Butte, Montana, argued for defendants and appellants.

John L. Peterson, Butte, John L. Peterson, argued, for plaintiff and respondent.

HASWELL, Chief Justice.

Donald Hulett, d/b/a East Valley Trucking, and Steven Luksha appeal the Jefferson County District Court order granting Charles Shannon a new trial. We reverse.

On September 22, 1979, Shannon was driving his 1966 Chevrolet northbound on I-15 at about 35 m.p.h. Luksha was driving a 1972 Kenworth truck with a pup-trailer, owned by his employer Hulett, southbound on I-15 approximately 40 to 45 m.p.h. Both drivers were on a two-lane portion...

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