ROBERTS v. PEGASUS GOLD CORP.

No. 94-482.

903 P.2d 782 (1995)

Benjamin C. ROBERTS, Plaintiff/Appellant, v. PEGASUS GOLD CORPORATION, a foreign corporation; O'Keefe Drilling Company, Inc., a Montana corparation; Beal Mountain Nining, Inc., a Montana corporation; and Does One through Five, Defendants/Respondents.

Supreme Court of Montana.

Decided September 19, 1995.

Rehearing Denied October 17, 1995.


Attorney(s) appearing for the Case

Richard J. Pyfer, Small, Hatch, Doubek & Pyfer, Helena, for appellant.

Paul C. Meismer, Lucy T. France, Garlington, Lohn & Robinson, Missoula; Thomas E. Hattersley, David C. Dalthorp, Gough, Shanahan, Johnson & Waterman, Helena, for respondent.


NELSON, Justice, delivered the Opinion of the Court.

This is an appeal from a decision of the Third Judicial District Court, Deer Lodge County, granting summary judgment in favor of respondents, O'Keefe Drilling Company, Inc. (O'Keefe) and Beal Mountain Mining, Inc. (BMMI). We affirm.

We restate the issues as follows:

I. Did the District Court err in ruling that the O'Keefe employees were not acting within their scope of employment in the alleged...

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