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WESTMONT TRACTOR CO. v. VIKING EXPLORATION, INC.

No. CV-81-70-M.

543 F.Supp. 1314 (1982)

WESTMONT TRACTOR CO., Plaintiff, v. VIKING EXPLORATION, INC., and Charles Einarsen, Defendants.

United States District Court, D. Montana, Missoula Division.

July 27, 1982.

Attorney(s) appearing for the Case

Christopher B. Swartley, Missoula, Mont., for plaintiff.

Victor F. Valgenti, Missoula, Mont., for defendants.

MEMORANDUM OPINION

HATFIELD, District Judge.

The present action arises from an alleged breach of an agreement executed between the parties for the use of two pieces of heavy equipment. Presently before the court are the parties' cross-motions for summary judgment.

Jurisdiction of this action is based on diversity of citizenship. 28 U.S.C. § 1332(a).

FACTUAL BACKGROUND

Sometime prior to September 16, 1980, employees of the plaintiff...

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