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THELEN v. CITY OF BILLINGS

No. 89-099.

776 P.2d 520 (1989)

Rodney and Debra THELEN, Richard and Dana Buecher, Susan Grasso, Larry and Nancy Pinnow, and George W. Cleveland, Jr., Plaintiffs/Appellants, v. CITY OF BILLINGS, Heights Sewer Board, Black and Veatch, COP Construction Co., Sanderson, Stewart, Gaston Engineering, Inc., and Christian, Spring, Seilbach & Associates, jointly and severally, Defendants/Cross-Appellants.

Supreme Court of Montana.

Decided July 5, 1989.

Attorney(s) appearing for the Case

Jerrold L. Nye, Nye & Meyer, Billings, for plaintiffs/appellants.

Mark S. Werner, McNamer & Thompson, Ronald R. Lodders, Crowley, Haughey, Hanson, Toole and Dietrich, W. Anderson Forsythe, Moulton, Bellingham, Longo and Mather, J. Dwaine Roybal, Keefer, Roybal, Hanson & Stacey; Billings, for defendants/cross-appellants.

McDONOUGH, Justice.

This appeal concerns alleged negligence and inverse condemnation on the part of a city government, a contractor and an engineering firm in designing and constructing a sewer system. Plaintiffs Rodney and Debra Thelen, et al. (Plaintiffs) appeal from the Amended Judgment of the District Court of the Thirteenth Judicial District, Yellowstone County. The court granted summary judgment in favor of defendants City of Billings, Black & Veatch and...

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