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LEWIS v. PUGET SOUND POWER & LIGHT CO.

No. 00-273.

29 P.3d 1028 (2001)

2001 MT 145

Dale and Shawonda LEWIS and the Fort Union Inn, Plaintiffs and Appellants, v. PUGET SOUND POWER & LIGHT CO.; Portland General Electric Co.; Washington Water Power Co.; Pacificorp; Montana Power Co.; and Western Energy, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided August 6, 2001.

Attorney(s) appearing for the Case

For Appellants: Turner C. Graybill and Todd A. Stubbs, Graybill, Ostrem & Crotty, Great Falls, MT.

For Respondents: Carolyn S. Ostby and Jon Dyre, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, MT (Montana Power; Pacificorp, and Washington Power).

Guy Rogers, Brown, Gerbase, Cebull, Fulton, Harmon & Ross, Billings, MT (Western Energy).

John Crist, Crist Law Office, Billings, MT (Puget Sound).

Stephen H. Foster, Holland & Hart, Billings, MT (Portland General).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Dale and Shawonda Lewis and the Fort Union Inn, Inc. (Dale and Shawonda) brought suit in the Sixteenth Judicial District Court to recover damages for injury to the Fort Union Inn, which they claim was caused by the defendants, a group of mining and power generating companies (Companies). The complaint alleged five counts: negligence, nuisance, trespass to land, negligent infliction of emotional...

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