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COOK v. FERGUS ELEC. CO-OP., INC.

No. 88-270.

765 P.2d 1138 (1988)

Margie P. COOK, Floyd A. Brower, Norma Yount and Norma Yount as Personal Representative of the Estate of Wilbur J. Yount, Plaintiffs and Appellants, v. FERGUS ELECTRIC COOPERATIVE, INC., a Montana corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 15, 1988.

Attorney(s) appearing for the Case

Floyd A. Brower, Roundup, for plaintiffs and appellants.

Herndon, Hartman, Sweeney & Halverson, Donald R. Herndon, Billings, for defendant and respondent.

GULBRANDSON, Justice.

This is an appeal from the Tenth Judicial District, Fergus County, Montana, of that court's order dismissing plaintiff's suit for failure to prosecute, pursuant to Rule 41(b), M.R.Civ.P. We affirm.

This case and a companion case, Timber Tracts, Inc. v. Fergus Electric Cooperative, Inc. (Mont. 1988), 753 P.2d 854, 45 St.Rep. 415, (Timber Tracts) arose from plaintiffs' claim that the defendant...

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