UMBS v. SHERRODD, INC.

No. 90-384.

805 P.2d 519 (1991)

Thomas C. UMBS, Plaintiff and Appellant, v. SHERRODD, INC., a Montana corporation, and Montana Transport Company, Defendants and Respondents.

Supreme Court of Montana.

Decided January 22, 1991.


Attorney(s) appearing for the Case

Thomas M. Malee, Billings, for plaintiff and appellant.

John Dyre, Crowley Law Firm, Billings, Gary L. Graham, Garlington, Lohn & Robinson, Missoula, Loren H. Torkelson, Richter & Torkelson, Billings, for defendants and respondents.


HENRY LOBLE (Retired), District Judge.

Thomas C. Umbs appeals from the order of the District Court of the Thirteenth Judicial District, Yellowstone County, granting defendant Montana Transport Company summary judgment in this matter. We reverse and remand.

The dispositive issue is whether Umbs raised material issues of fact which precluded summary judgment.

Montana Transport Company (Montana Transport) is a motor carrier authorized by the Interstate...

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