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HOLIDAY VILLAGE SHOPPING CENTER v. OSCO DRUG, INC.

No. 2823.

315 F.Supp. 171 (1970)

HOLIDAY VILLAGE SHOPPING CENTER, a Corporation, and Appalachian Insurance Company, a Corporation, Plaintiffs, v. OSCO DRUG, INC., a Corporation, Defendant.

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

August 19, 1970.

Attorney(s) appearing for the Case

Robins, Davis & Lyons, St. Paul, Minn., Swanberg, Koby & Swanberg, Great Falls, Mont., for plaintiffs.

Jardine, Stephenson, Blewett & Weaver, Smith, Emmons & Baillie, Great Falls, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Plaintiffs, Holiday Village Shopping Center, (hereafter Holiday Village) and Appalachian Insurance Company, (hereafter Appalachian) sue defendant, Osco Drug, Inc., (hereafter Osco) for negligently starting a fire. Osco's motion for summary judgment presents the question of whether Osco, even if negligent, was protected by reason of the exculpatory language of...

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