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HERRON v. PACK AND CO.

No. 85-45.

705 P.2d 587 (1985)

Linda HERRON, Individually and as heir to the Estate of Robert W. Herron, Plaintiff and Appellant, v. PACK AND COMPANY, a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided August 29, 1985.

Attorney(s) appearing for the Case

Murray, Kaufman, Vidal & Gordon, Daniel W. Hileman argued, Kalispell, for plaintiff and appellant.

Stephen C. Berg argued, Kalispell, for defendant and respondent.

HARRISON, Justice.

Linda Herron appeals from a summary judgment entered by the District Court of the Eleventh Judicial District Flathead County. The District Court refused to recognize the dual capacity doctrine which would have allowed Herron to maintain an action in negligence against Pack and Company, Inc. We affirm.

Robert Herron was employed by Pack and Company, hereinafter referred to as the Company. On July 21, 1984, Robert Herron was killed in a single...

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