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FREIER v. NEW YORK LIFE INS. CO.

No. 81-3144.

679 F.2d 780 (1982)

C. L. FREIER, and all others similarly situated, Appellants, v. NEW YORK LIFE INSURANCE CO., a foreign corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1982.

Attorney(s) appearing for the Case

Gene A. Picotte, P. C., Clancy, Mont., for appellants.

T. G. Spear, Billings, Mont., argued, for appellee; L. Randall Bishop, Crowley Law Firm, Billings, Mont., on brief.

Before KILKENNY, GOODWIN and POOLE, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant appeals from the judgment of the district court dismissing her complaint under FRCivP 12(b)(6) for failure to state a claim upon which relief might be granted.

FACTS

In April of 1976, appellant had an industrial accident while employed by Montana-Dakota Utilities Co. in Billings, Montana. Montana-Dakota Utilities Co. was insured under Plan III of the Montana Workers' Compensation Act.

Appellant was involved...

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