STATE EX REL., DEERE & CO. v. DISTRICT COURT

No. 85-594.

730 P.2d 396 (1986)

STATE of Montana, ex rel., DEERE & COMPANY, and Robert L. Campbell, Relators, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT OF the STATE of Montana, In and For the COUNTY OF BEAVERHEAD, the Honorable Frank M. Davis, presiding District Judge, Respondents, and Wade Hansen, d/b/a Wade's Backhoe Service, Real Partu in Interest.

Supreme Court of Montana.

Decided December 19, 1986.


Attorney(s) appearing for the Case

Moulton, Bellingham, Longo & Mather, Brent R. Cromley, argued, Billings, for Deere & Co.

Schulz, Davis & Warren, Dillon, Burgess, Joyce & Whelan, Thomas F. Joyce, argued, Butte, for Campbell.

Poore, Roth & Robinson, Gary L. Walton, Brendon J. Rohan, argued, Butte, for Wade Hanson.

Frank M. Davis, Dist. Judge, Dillon, for respondents.

Corette, Smith, Pohlman & Allen, Marshall L. Mickelson, Butte, for amicus curiae.

Kevin Q. Davis, Portland, Or., for Asbestos Claims Facility.

David R. Black, Salt Lake City, Utah, for Burlington Northern.

Moore, Rice, O'Connell & Refling, Kathy Cullen, Bozeman, for amicus curiae.


SHEEHY, Justice.

In this original proceeding in this Court, relators Deere & Company and Robert L. Campbell make application for a writ of supervisory control directed to the District Court, Fifth Judicial District, Beaverhead County, to grant Deere's motion for summary judgment which the District Court had denied. We determine that the writ should issue.

The principal issue we decide here is that a joint tortfeasor...

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