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MATKOVIC v. SHELL OIL CO.

No. 85-97.

707 P.2d 2 (1985)

Elizabeth M. MATKOVIC, individually, and as guardian of the persons and estates of Williams Russell Sweet and Scott James Sweet, Deceased, et al., Plaintiffs and Petitioners, v. SHELL OIL COMPANY and Black Hills Trucking, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided September 30, 1985.

Attorney(s) appearing for the Case

Butte Legal Center, D.L. Holland, argued, Butte, for plaintiffs and petitioners.

Moulton, Bellingham, Longo & Mather, William H. Bellingham, argued, Billings, for Shell Oil.

Alexander & Baucus, John D. Alexander, argued, Great Falls, for Black Hills Trucking.

MORRISON, Justice.

This is an action filed for declaratory relief under Uniform Rule No. 1 of the Montana Rules of Appellate Civil Procedure in response to Federal District Judge Battin's certification of certain questions to this Court. This action was commenced in the District Court of the Second Judicial District, in and for the County of Butte-Silver Bow, by the plaintiffs on March 28, 1983. The defendants removed the case to the United States District Court,...

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