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KEMP v. BIG HORN COUNTY ELEC. CO-OP.

No. 89-602.

798 P.2d 999 (1990)

William E. KEMP, Plaintiff and Appellant, v. BIG HORN COUNTY ELECTRIC CO-OPERATIVE, INC., a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided September 18, 1990.

Rehearing Denied October 24, 1990.

Attorney(s) appearing for the Case

Robert C. Kelleher, Sr., Kelleher Law Office, Butte, for plaintiff and appellant.

James E. Torske, Kronmiller & Torske, Hardin, for defendant and respondent.

WEBER, Justice.

This appeal arises from an order of the District Court, Thirteenth Judicial District, Big Horn County, Montana, granting defendant's motion for summary judgment. Plaintiff appeals. We affirm.

The sole issue on appeal is whether the District Court erred in granting summary judgment in favor of defendant.

Big Horn County Electric Cooperative Inc. (Big Horn) contracted with Swain and Morris Construction Company (S & W) for construction...

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