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STIDHAM v. CITY OF WHITEFISH

No. 87-14.

746 P.2d 591 (1987)

Terry L. STIDHAM and Norma Stidham, husband and wife, Plaintiffs and Respondents, v. CITY OF WHITEFISH, Montana, Defendant, Appellant and Respondent. CITY OF WHITEFISH, Montana, Defendant, Third-Party Plaintiff, Appellant and Respondent, v. MORRISON-MAIERLE, INC., Third Party Defendant and Appellant.

Supreme Court of Montana.

Decided November 13, 1987.

Rehearings Denied January 5, 1988.

Attorney(s) appearing for the Case

Keller, Reynolds, Drake, Sternhagen & Johnson, Thomas Q. Johnson (argued), Helena, for Morrison-Maierle.

Moses Law Firm, Stephen C. Moses (argued), Billings, for Stidham.

Leo W. Tracy (argued), Whitefish, for City of Whitefish, Mont.

McDONOUGH, Justice.

Morrison-Maierle, Inc., and the City of Whitefish appeal a judgment in favor of plaintiffs, filed and entered in the District Court of the Eleventh Judicial District, County of Flathead. We set aside the judgment and remand.

This case originated as an action in trespass by plaintiffs and respondents (Stidhams) against the City of Whitefish. The City filed a third-party complaint against Morrison-Maierle, Inc. The City built a water pumphouse...

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