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BIRKENBUEL v. MONTANA STATE COMP. INS. FUND

No. 83-525.

687 P.2d 700 (1984)

James G. BIRKENBUEL, Plaintiff and Appellant, v. MONTANA STATE COMPENSATION INSURANCE FUND, Defendant and Respondent.

Supreme Court of Montana.

Decided August 28, 1984.

Rehearing Denied October 1, 1984.

Attorney(s) appearing for the Case

Hoyt & Trieweiler, Kurt M. Jackson, Great Falls, for plaintiff and appellant.

Barbara L. Bozman-Moss, Agency Legal Services Bureau, Helena, for defendant and respondent.

HASWELL, Chief Justice.

James G. Birkenbuel appeals the decision of the Cascade County District Court granting defendant's motion for summary judgment. Birkenbuel's tort action against the State Compensation Insurance Fund (State Fund) was dismissed pursuant to the exclusive remedy clause of the Workers' Compensation Act, section 39-71-411, MCA. We reverse.

Plaintiff Birkenbuel suffered a compensable injury in 1980...

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