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RAISLER v. BURLINGTON NORTHERN R. CO.

No. 84-372.

717 P.2d 535 (1985)

Warren Lou RAISLER, Plaintiff and Appellant, v. BURLINGTON NORTHERN RAILROAD CO., a Delaware Corp., and Ross-Ko Grain, Defendants, and BURLINGTON NORTHERN RAILROAD COMPANY, Third-Party Plaintiff and Petitioner, v. FARMERS UNION ELEVATOR COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1985.

Rehearing Denied April 8, 1986.

Attorney(s) appearing for the Case

Thomas W. Spence, Billings, for Burlington Northern.

Anderson, Brown, Gerbase, Cebull & Jones, Steven J. Harman & Cynthia R. Woods, Billings, for Farmers Union Elevator.

Herndon, Harper & Munro, Rodney T. Hartman, Billings, for Ross-Ko Grain.

Towe, Ball, Enright & Mackey, Thomas E. Towe, Billings, for Raisler.

WEBER, Justice.

The United States District Court for the State of Montana has certified two questions to this Court from a federal action for personal injuries and a derivative third party suit for contribution or indemnity. The questions, as certified to us by the federal court, are:

1. When an injured employee sues a third party for damages and the third party joins the employer as a third party defendant seeking contribution or indemnity, is the assertion...

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