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PHELAN v. LEE BLAINE ENTERPRISES

No. 85-290.

716 P.2d 601 (1986)

Anna Marie PHELAN, Claimant and Appellant, v. LEE BLAINE ENTERPRISES, Employer, and St. Paul Mercury Insurance Company, Defendant and Respondent.

Supreme Court of Montana.

Decided February 27, 1986.

Rehearing Denied April 28, 1986.

Attorney(s) appearing for the Case

Keefer, Roybal, Hanson, Stacey & Jarussi, Gene R. Jarussi, Billings, for claimant and appellant.

Lucas & Monaghan, Thomas Monaghan, Miles City, for defendant and respondent.

HARRISON, Justice.

The claimant, Anna Phelan, a twenty-four year old female, filed a Petition for Hearing before the Workers' Compensation Court asking the court to set aside a final settlement entered into August 1981 on the grounds that the parties to the settlement were suffering from a mutual mistake of fact. The court barred claimant's petition as res judicata and this appeal followed.

We reverse the judgement of the Workers' Compensation Court barring...

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