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McMILLEN v. ARTHUR G. McKEE AND COMPANY

No. 12805.

533 P.2d 1095 (1975)

John McMILLEN, Claimant and Respondent, v. ARTHUR G. McKEE AND COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Poore, McKenzie, Roth, Robischon & Robinson, Butte, James A. Robischon (argued), Butte, Donald C. Robinson (argued), Butte, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Lon J. Maxwell, Asst. Atty. Gen. (argued), Helena, Norman H. Grosfield, Sp. Asst. Atty. Gen. (argued), Helena, Corette, Smith & Dean, Butte, Kendrick Smith (argued), Butte, for claimant and respondent.

HASWELL, Justice.

Our original opinion herein appearing in 31 St.Rep. 1026, was subsequently withdrawn. A rehearing was granted limited to this question:

"Does section 92-616, R.C.M. 1947, deny equal protection of the laws to the employer and defendant in violation of Sec. 1 of the 14th Amendment to the United States Constitution or Sec. 17 (sic), Article II of the Montana Constitution?"

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