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GEORGESON v. FIDELITY & GUARANTY INSURANCE CO.

No. CV-96-058-GF.

48 F.Supp.2d 1262 (1998)

Arlice GEORGESON, Personal Representative of the Estate of Roy Kenton Georgeson, Deceased, and Jeanne R. Georgeson, Guardian Ad Litem for Anthony S. Georgeson and Jamie M. Georgeson, Minors, Plaintiffs, v. FIDELITY & GUARANTY INSURANCE COMPANY, an Iowa Corporation, and Kenya Corporation, d/b/a Channel Communications, a Kansas Corporation, Defendants.

United States District Court, D. Montana, Great Falls Division.

June 26, 1998.

Attorney(s) appearing for the Case

Patricia O. Cotter, Cotter & Cotter, Great Falls, MT, Jeremiah C. Lynch, Lynch Law Office, Great Falls, MT, for Arlice Georgeson, Jeanne R. Georgeson.

Susan P. Roy, Garlington, Lohn & Robinson, PLLP, Missoula, MT, for Fidelity and Guaranty Insurance Company, Kenya Corp.

MEMORANDUM AND ORDER

HATFIELD, Senior District Judge.

FACTUAL BACKGROUND

On July 17, 1993, Roy Georgeson and his co-employee, Darrell Daniel, were stringing cable along a "run" of utility poles in Cut Bank, Montana, utilizing a truck and attached trailer owned by their employer, Kenya Corporation, d/b/a Channel Communications ("Channel Communications"). Specifically, Georgeson and Daniel laid out approximately 150 feet of cable, one...

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