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MATTEUCCI'S SUPER SAVE, DRUG v. HUSTAD CORPORATION

No. 11998.

491 P.2d 705 (1971)

MATTEUCCI'S SUPER SAVE, DRUG, a Montana Corporation, Plaintiff and Appellant, v. HUSTAD CORPORATION, a Montana Corporation; Jewel Companies, Inc., a New York Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 8, 1971.

Attorney(s) appearing for the Case

Swanberg, Koby & Swanberg, Great Falls, Randall Swanberg, argued, Great Falls, for appellant.

Loble, Picotte & Loble, Helena, Henry Loble and Peter Pauly, argued, Helena, Luxan & Murfitt, Helena, Walter S. Murfitt, Helena, argued, Anderson, Symmes, Forbes, Peete & Brown, Billings, Jerome Anderson, argued, Billings, Patrick F. Hooks, argued, Townsend, John J. Quinn, Great Falls, for respondents.

CASTLES, Justice.

This is an appeal from a judgment of dismissal of plaintiff's claim, entered as a result of the granting of a motion for summary judgment in favor of defendants.

Plaintiff is Matteucci's Super Save, Drug, a Montana corporation and will be referred to as Matteucci. Defendants include Hustad Corporation, a Montana corporation, called Hustad; Buttrey Foods, Inc., later merged with Jewel Companies, Inc., a New York Corporation; Osco Drug, Inc...

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