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MORTENSEN CONSTRUCTION CO. v. BURLINGTON NORTHERN INC.

No. 85-296.

708 P.2d 1006 (1985)

MORTENSEN CONSTRUCTION CO., and Glen A. Mortensen, its President, Plaintiffs and Respondents, v. BURLINGTON NORTHERN, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided November 6, 1985.

Rehearing Denied December 5, 1985.

Attorney(s) appearing for the Case

Thomas Spence, argued, BN Railroad Co., Billings, for defendant and appellant.

Larry Johnson, James Gray & McCafferty, Great Falls, Patrick Sullivan, argued, Winston & Cashatt, Spokane, Wash., for plaintiffs and respondents.

MORRISON, Justice.

Defendant Burlington Northern, Inc., appeals the January 28, 1985, judgment in favor of plaintiff Mortensen Construction Company. Plaintiff's motion to dismiss the appeal as untimely is granted.

On January 28, 1985, judgment was entered in favor of Mortensen Construction Co. (Mortensen) and notice of entry of judgment was mailed to Burlington Northern, Inc. (BN). BN timely filed a motion for judgment notwithstanding the verdict and motion...

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