TIMBER TRACTS v. FERGUS ELEC. CO-OP.

No. 87-407.

753 P.2d 854 (1988)

TIMBER TRACTS, INC., a Montana corp., Plaintiff and Appellant, v. FERGUS ELECTRIC COOPERATIVE, INC., a Montana corp., Defendant and Respondent.

Supreme Court of Montana.

Decided March 3, 1988.


Attorney(s) appearing for the Case

Floyd A. Brower, Roundup, Ralph Herriott, Billings, for plaintiff and appellant.

Herndon, Harper & Munro; Donald R. Herndon, Billings, William A. Spoja, Jr., Lewistown, for defendant and respondent.


HARRISON, Justice.

Timber Tracts, Inc., hereafter referred to as plaintiff, filed a contract action against Fergus Electric Cooperative, hereafter referred to as defendant, in the District Court of the Tenth Judicial District, Fergus County, on June 16, 1981. On July 1, 1987, that District Court, held a hearing on defendant's motion to dismiss the cause for lack of prosecution under Rule 41(b), M.R. Civ.P. An order dismissing the cause with prejudice issued on August...

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