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GENERAL INS. CO. OF AMERICA v. TOWN PUMP

No. 84-108.

692 P.2d 427 (1984)

GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff and Respondent, v. TOWN PUMP, INC., and Bozeman Town Pump, Inc., Defendant and Appellant.

Supreme Court of Montana.

Decided December 11, 1984.

Attorney(s) appearing for the Case

R. Lewis Brown, Jr. argued, Butte, for defendant and appellant.

Wellcome & Frost; G. Page Wellcome argued, Bozeman, for plaintiff and respondent.

HASWELL, Chief Justice.

Town Pump appeals a decision of the Gallatin County District Court in which its insurer, General Insurance, was found liable for 50 percent of the covered damages resulting from a gasoline leak at one of its gas stations.

This is the fourth appeal concerning this gasoline leakage which occurred between 1973 and 1975. The facts of the matter are set forth in detail in our decision of Town Pump, Inc. v. Diteman (Mont. 1981),

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