BATEY LAND & LIVESTOCK CO. v. NIXON

Nos. 13369, 13370.

560 P.2d 1334 (1977)

BATEY LAND & LIVESTOCK COMPANY, a Montana Corporation, Plaintiff and Appellant, v. Robert NIXON, Defendant and Third-Party Plaintiff and Appellant versus Fred Hall and Respondent to Batey, v. Robert BRAATON and Helen Braaton, his wife and Fred Hall, Third-Party Defendants and Respondents. BATEY LAND & LIVESTOCK COMPANY, a Montana Corporation, Plaintiff and Appellant, v. Robert PAULEY, Defendant and Third-Party Plaintiff and Appellant versus Fred Hall and Respondent to Batey, v. Robert BRAATON and Helen Braaton, his wife and Fred Hall, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Submitted January 12, 1977.

Rehearing Denied March 28, 1977.


Attorney(s) appearing for the Case

Krutzfeldt & Haker, W.J. Krutzfeldt, argued, Miles City, Anderson, Symmes, Forbes, Peete & Brown, James L. Jones, argued, Billings, for plaintiff and appellant.

Lucas, Jardine & Monaghan, Thomas M. Monaghan, argued, Miles City, for respondents.


DALY, Justice.

Batey Land & Livestock Company appeals from summary judgment rendered for defendants Robert Nixon and Robert Pauley by the district court, Custer County, in actions for conversion. Defendants Nixon and Pauley appeal from the district court's order dismissing their third party complaints against Fred Hall for indemnification.

On May 2, 1968, Batey Land & Livestock Company (Batey) sold 215 head of Hereford cattle, 198 cows and 17 bulls...

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