Cook v. Fergus Electric Cooperative, Inc.

This is an appeal from the Tenth Judicial District, Fergus County, Montana, of that court’s order dismissing plaintiff’s for failure to prosecute, pursuant to Rule 41(b), M.R.Civ.P. We affirm.

This case and a companion case, Timber Tracts, Inc. v. Fergus Electric Cooperative, Inc. (Mont. 1988), [231 Mont. 40,] 753 P.2d 854, 45 St.Rep. 415, (Timber Tracts) arose from plaintiffs’ claim that the defendant had agreed to extend electrical service to plaintiffs’ properties at no cost. Subsequent to the alleged agreement, the bylaws of the electrical co-op were changed to provide that fees would be…