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DNRC v. MONTANA POWER CO.

No. 97-136.

943 P.2d 1251 (1997)

STATE of Montana, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Plaintiff and Appellant, v. MONTANA POWER COMPANY, a Montana corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided July 17, 1997.

Attorney(s) appearing for the Case

Richard E. Bach and Tommy H. Butler, Special Assistant Attorneys General; Montana Department of Natural Resources and Conservation; Helena, for Plaintiff and Appellant.

Patrick T. Fleming and Michael V. Harrington; The Montana Power Company; Butte, for Defendant and Respondent.

TRIEWEILER, Justice.

The State of Montana, Department of Natural Resources and Conservation, filed a complaint in the District Court for the First Judicial District in Lewis and Clark County in which it alleged that the defendant, Montana Power Company, negligently maintained one of its electrical power lines and that the State was damaged as a result. After a nonjury trial, the District Court found that Montana Power Company's negligence had not been proven. The...

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