Montana Department of Natural Resources v. Clark Fork Logging Co.

The Department of Natural Resources and Conservation (DNRC) appeals the March 19, 1980, summary judgment order dismissing Count I of its complaint against defendants, Clark Fork Logging Company (Clark Fork) and William Cuddy. We affirm.

Clark Fork entered into a timber sale contract with the United States Forest Service to log an area in Sanders County near Indian Creek. Clark Fork then contracted with Cuddy to log the area. Cuddy subsequently entered into an agreement with Stanton Diehl to provide equipment and operators to perform the logging.

On August 5,1975, Dale Hotchkiss, an operator…