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SPRINKLE v. BURLINGTON NORTHERN R. CO.

No. 88-485.

769 P.2d 1261 (1989)

Jonathan B. SPRINKLE, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant and Third Party-Plaintiff, v. THE TIRE GUYS, d/b/a Tire-Rama, Third-Party Defendant.

Supreme Court of Montana.

Decided March 7, 1989.

Attorney(s) appearing for the Case

Charles C. Dearden (argued), Murphy, Robinson, Heckathorn & Phillips, Kalispell, for plaintiff.

Gary M. Zadick (argued), Ugrin, Alexander, Zadick & Slovak, Great Falls, for defendant.

Poore, Roth & Robinson, Brendon J. Rohan (argued), Butte, amicus curiae, for Glen Rehbein Excavating.

Gough, Shanahan, Johnson & Waterman, Ronald Waterman (argued), Helena, amicus curiae, for Kraus Const. and Riverside Const.

SHEEHY, Justice.

Honorable Jack D. Shanstrom, United States Magistrate, United States District Court for the District of Montana has certified for our decision under Rule 44, Montana Rules of Appellate Procedure, a question of law as follows:

Plaintiff commences a negligence action against defendant # 1. Defendant # 1 in turn joins defendant # 2 seeking contribution. Prior to trial, defendant # 1 settles with the plaintiff in return for a general release...

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