Fiscus v. Beartooth Electric Cooperative, Inc.

Plaintiff-appellant, Clayton R. Fiscus, brings this matter to this Court, asking that, because the holding in Fiscus v. Beartooth Electric (1974), 164 Mont. 319, 522 P.2d 87, has been overruled by Piper v. Lockwood Water Users Ass’n (1978), 175 Mont. 242, 573 P.2d 646, 13, that he now be given his day in courj. The immediate events giving rise to this appeal are as follows:

On June 10, 1974, pursuant to this Court’s decision rendered in Fiscus v. Beartooth Electric, supra, the District Court entered summary judgment in favor of Beartooth and against Fiscus.

The case lay dormant on its thus…