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FETHERSTON v. ASARCO INC.

No. CV 85-104-H-CCL.

638 F.Supp. 1328 (1986)

Gerald FETHERSTON, Plaintiff, v. ASARCO INCORPORATED, a New Jersey corporation, Defendant.

United States District Court, D. Montana, Helena Division.

August 4, 1986.

Attorney(s) appearing for the Case

W. William Leaphart, C.W. Leaphart, Helena, Mont., for plaintiff.

Stephen H. Foster, James M. Ragain, Holland & Hart, Billings, Mont., for defendant.

OPINION AND ORDER

LOVELL, District Judge.

Following a jury verdict in favor of the plaintiff, defendant moves for a new trial.

Background

Plaintiff filed this action in March 1985, alleging that his employment was wrongfully terminated by defendant. Plaintiff had worked at ASARCO's East Helena zinc plant since July 1972, when ASARCO purchased the plant from the Anaconda Company. Prior to ASARCO's purchase, plaintiff

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