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FISHER v. SWIFT TRANSP. CO., INC.

No. DA 06-0766.

181 P.3d 601 (2008)

2008 MT 105

342 Mont. 335

Wade FISHER, Plaintiff and Appellant, v. SWIFT TRANSPORTATION CO., INC., and J & D Truck Repair, Inc., Defendants, Appellees and Cross-Appellants.

Supreme Court of Montana.

Decided April 1, 2008.

Attorney(s) appearing for the Case

For Appellant: James G. Hunt and Michael L. Fanning, Hunt Law Firm, Helena, Montana.

For Appellees: John F. Haffey and Robert J. Phillips, Phillips Boyher & Hedger, P.C., Missoula, Montana (Swift), Dan L. Spoon, Spoon Gordon, PC, Missoula, Montana (J & D).

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

¶ 1 Officer Wade Fisher ("Fisher") appeals the District Court's partial grant of summary judgment in favor of Swift Transportation Company ("Swift"). Swift cross-appeals the District Court's partial denial of its summary judgment motion. We affirm in part, and reverse and remand in part.

¶ 2 We restate the issues as follows:

¶ 3 I. Did the District Court err by partially...

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