White v. Husky Oil Co.

ORDER AND MEMORANDUM OPINION

JAMESON, Chief Judge.

The defendant Husky Oil Company has moved for summary judgment, contending that there is no genuine issue as to any material fact and that under the well settled law of Montana Husky is entitled to a judgment as a matter of law. Plaintiffs resist the motion, contending that under the facts and inferences which may be drawn therefrom a jury issue is presented. Both sides have filed briefs and supplemental briefs.

The plaintiffs were passengers in an automobile which stopped for servicing at a filling station in Laurel, Montana, owned by the…