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FISCH v. MONTANA RAIL LINK, INC.

No. 01-277.

67 P.3d 267 (2003)

2003 MT 76

Charles FISCH, Plaintiff, v. MONTANA RAIL LINK, INC., and Burlington Northern Santa Fe Railroad Co., Defendants. Montana Rail Link, Inc., Third-Party Plaintiff and Appellant, v. County of Gallatin, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided April 10, 2003.

Attorney(s) appearing for the Case

Ronald B. MacDonald and Paul N. Tranel, Datsopoulos, MacDonald and Lind, P.C., Missoula, Montana, for appellant.

Barry G. O'Connell, Moore, O'Connell & Refling, P.C., Bozeman, Montana, for respondent.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Montana Rail Link, Inc. (MRL), appeals the summary judgment dismissal of Gallatin County (County) as a third-party defendant in a negligence action involving the collision of a train with a truck driven by Charles Fisch at a railroad crossing on a county road. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Shortly after 11:00 a.m. on July 9, 1998, a westbound MRL train collided...

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