GREYTAK v. RegO CO.

No. 92-093.

848 P.2d 483 (1993)

Sigrid M. GREYTAK, Plaintiff, Respondent and Cross-Appellant, v. RegO COMPANY, a Delaware corporation; and Butler Manufacturing Company, a Delaware corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided March 2, 1993.

Rehearing Denied April 1, 1993.


Attorney(s) appearing for the Case

Norman L. Newhall, Floyd D. Corder, Alexander, Baucus & Linnell, Great Falls, for appellant.

Ward Swanser, Moulton, Bellingham, Longo & Mather, Billings; William C. Callaham, Donahue & Callaham, Sacramento, CA, J. Michael Jordan, Beirne, Maynard & Parsons, Houston, TX, for respondent.


McDONOUGH, Justice.

This is an appeal of an order of the Thirteenth Judicial District Court, Yellowstone County. The order granted plaintiff's motion for a new trial and denied plaintiff's motion for judgment notwithstanding the verdict. Defendant appealed and plaintiff cross-appealed. Reversed in part, affirmed in part.

The issues raised by the appeal and cross-appeal are:

1. Whether the District Court was correct in submitting the issue of assumption...

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