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BENNETT v. DOW CHEMICAL CO.

No. 85-183.

713 P.2d 992 (1986)

Timothy E. BENNETT, Plaintiff and Appellant, v. DOW CHEMICAL COMPANY, a corp., Velsicol Chemical Company, a corp., Rancher's Agra Services, Inc., a corp., E.C.A. Environmental Management Services, Inc., a Mont. corp., and Montana Merchandising, Inc., a corp., d/b/a Agricultural Management Services; Western Ranch Supply Co., a corp.; Superior Fire Apparatus Company, a corp., and Broyhill Company, a corp., Defendants and Respondents.

Supreme Court of Montana.

Decided February 6, 1986.

Attorney(s) appearing for the Case

Smith Law Firm, Robert J. Sewell, argued, Helena, for plaintiff and appellant.

Boone, Karlberg & Haddon, Randy J. Cox, argued for Dow Chemical, Rancher's Agra, Western Ranch Supply, Superior Fire Apparatus & Broyhill Co., Missoula, Keller, Reynolds, Drake, Sternhagen & Johnson; Richard E. Gillespie argued for Velsicol Chemical, Helena, M.K. Daniels, Rancher's Agra Services, Deer Lodge, Alexander & Baucus, Gary M. Zadick argued for E.C.A. Environmental Management, Great Falls, Henningsen & Purcell, James F. Purcell, Western Ranch Supply, Butte, Gough, Shanahan, Johnson & Waterman, Joseph P. Mazurek, Superior Fire Apparatus, Helena, Hooks & Budewitz, Patrick F. Hooks, Broyhill Co., Townsend, for defendants and respondents.

TURNAGE, Chief Justice.

Appellant brought this action in Lewis and Clark County District Court alleging claims in both tort and contract. The District Court granted summary judgment in favor of all respondents except Rancher's Agra Services, Inc., because the statute of limitations had expired. Rancher's Agra Services, Inc., had failed to file an answer so its motion for summary judgment was denied. Appellant appeals the summary judgments. Rancher's Agra Services...

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