ROBINTECH, INC. v. WHITE & McNEIL EXCAVATING

No. 85-175.

709 P.2d 631 (1985)

ROBINTECH, INC., Plaintiff and Respondent, v. WHITE & McNEIL EXCAVATING, INC., and Transamerica Insurance Co., Defendants and Appellants.

Supreme Court of Montana.

Decided November 6, 1985.

Rehearing Denied December 19, 1985.


Attorney(s) appearing for the Case

Landoe, Brown, Planalp & Kommers, James M. Kommers, Bozeman, for defendants and appellants.

Jardine, Stephenson, Blewett & Weaver, William D. Jacobsen, Great Falls, for plaintiff and respondent.


TURNAGE, Chief Justice.

Defendants, prime contractor and its surety on a public works project, appeal summary judgment in favor of plaintiff, a materialman and supplier to a subcontractor, entered in the Fourteenth Judicial District, Musselshell County, on December 28, 1984. The District Court determined that as a matter of law plaintiff was entitled to summary judgment in the amount of $47,639, plus interest at 6 percent and costs.

We affirm. We hold that...

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