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DECKER COAL CO. v. COMMONWEALTH EDISON CO.

No. 85-242.

714 P.2d 155 (1986)

DECKER COAL COMPANY, Plaintiff, v. COMMONWEALTH EDISON COMPANY, Defendant.

Supreme Court of Montana.

Decided February 20, 1986.

Attorney(s) appearing for the Case

Crowley Law Firm, Jack Ramirez, argued, Billings, Dykema, Gossett, Spencer, Goodnow & Trigg, Donald S. Young, Derek I. Meier, Jeffrey M. Lipshaw, Daniel J. Stephenson, Detroit, Mich., George F. Heiden, Omaha, Neb., for plaintiff.

Hooks & Budewitz, Patrick J. Hooks, argued, Townsend, Isham, Lincoln & Beale, Donald J. McLachlan, James A. Fletcher, Michael J. Gill, James K. Meguerian, Chicago, Ill., for defendant.

HARRISON, Justice.

This case is before the Montana Supreme Court pursuant to a certification by the United States Court of Appeals for the Ninth Circuit. Plaintiff Decker Coal Company ("Decker") brought suit against defendant Commonwealth Edison Company ("Edison") in the United States District Court for the District of Montana. Edison moved to dismiss the complaint, asserting, among other things, that Decker lacked the capacity to sue in its own name. The District...

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