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BUSTELL v. AIG CLAIMS SERVICE, INC.

No. 04-124.

105 P.3d 286 (2004)

2004 MT 362

324 Mont. 478

Ann BUSTELL, Petitioner and Appellant, v. AIG CLAIMS SERVICE, INC., and The Insurance Company of Pennsylvania, Respondents and Respondents.

Supreme Court of Montana.

Decided December 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Paul E. Toennis, Graves & Toennis, P.C., Billings, Montana.

For Respondent: Donald R. Herndon, Herndon, Sweeney & Halverson, Billings, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Ann Bustell (Bustell) appeals from the judgment entered by the Workers' Compensation Court (WCC) granting attorney fees at an hourly rate pursuant to § 39-71-614, MCA, instead of the full contingency fee agreement amount between her and her attorney, Paul E. Toeniss (Toeniss). We affirm.

¶ 2 We restate the issues on appeal as follows:

...

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