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WEST v. MORRISON-KNUDSEN COMPANY

No. 2807.

294 F.Supp. 1336 (1969)

Arthur E. WEST, Plaintiff, v. MORRISON-KNUDSEN COMPANY, Inc., a Corporation, Utah Construction & Mining Company, a Corporation, Perini Corporation and C. H. Leavell & Company, a Corporation—joint venturers, Defendants.

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

January 28, 1969.

Attorney(s) appearing for the Case

Bretz & Gabriel, Great Falls, Mont., for plaintiff.

Jardine, Stephenson, Blewett & Weaver, Jack L. Lewis, Great Falls, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

The United States entered into a contract with the defendants, joint venturers, for the construction of various Air Force missile launching sites in Pondera County, Montana. The contract includes a provision which incorporates by reference the following Safety Requirements of the Corps of Engineers, U. S. Army:

"HOUSEKEEPING. 11-35: Material, or debris shall not be strewn about in a manner...

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