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HAYES v. AETNA FIRE UNDERWRITERS

No. 14853.

609 P.2d 257 (1980)

Francis HAYES, Plaintiff and Appellant, v. AETNA FIRE UNDERWRITERS, a corp., and George Wood d/b/a Compensation Adjusters, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Hoyt, Trieweiler, Lewis & Regnier, Great Falls, John Hoyt argued, Great Falls, for plaintiff and appellant.

Garlington, Lohn & Robinson, Missoula, Larry E. Riley argued, Missoula, Church, Harris, Johnson & Williams, Great Falls, Cresap S. McCracken argued, Great Falls, for defendants and respondents.

DALY, Justice.

This is an appeal from a judgment of dismissal of plaintiff's action from the District Court of the Fourth Judicial District, in and for the County of Missoula.

Plaintiff was injured within the course and scope of his employment with JMS Construction in an industrial accident that occurred on October 23, 1975. Defendant Aetna was the Plan II carrier for JMS Construction. Aetna employed defendant Wood to handle the adjusting of workers' compensation...

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