McALPINE v. RHÔNE-POULENC AG. CO.

No. 96-531.

947 P.2d 474 (1997)

Thomas P. McALPINE and Ruby McAlpine, Husband and Wife, and Simmes Brothers, a Partnership, Plaintiffs and Appellants, v. RHÔNE-POULENC AG. CO. and Ben Taylor, Inc., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Submitted September 4, 1997.

Decided October 29, 1997.


Attorney(s) appearing for the Case

Dan L. Spoon, John R. Gordon and Robert T. Bell (argued); Reep, Spoon Gordon, Missoula, for Plaintiffs and Appellants.

William O. Bronson (argued); James, Gray, Bronson & Swanberg, Great Falls, for Rhône-Poulenc Ag Company.

Neil E. Ugrin and Roger T. Witt (argued); Ugrin, Alexander, Zadick & Higgins, Great Falls, for Ben Taylor, Inc.


LEAPART, Justice.

Appellants Thomas P. and Ruby McAlpine, husband and wife, and Simmes Brothers, a partnership, appeal the order of the Ninth Judicial District Court, granting summary judgment in favor of Respondents Rhône-Poulenc Ag. Company (Rhône-Poulenc) and Ben Taylor, Inc. (Ben Taylor) and dismissing their amended complaint with prejudice. We affirm in part, reverse in part, and remand.

We address whether the Appellants' claims of negligence...

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