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McCLAIN v. NERCO, INC.

No. 87-12.

738 P.2d 1285 (1987)

Holly McCLAIN, et al., Plaintiffs and Appellants, v. NERCO, INC., and Spring Creek Coal Company, Defendants and Respondents. Daniel Martini, Plaintiff and Appellant, v. NERCO, INC., and Spring Creek Coal Company, Defendants and Respondents. Jay ELLIS, Plaintiff and Appellant, v. NERCO, INC., and Spring Creek Coal Company, Defendants and Respondents.

Supreme Court of Montana.

Decided June 26, 1987.

Attorney(s) appearing for the Case

Nye & Meyer, Jerrold Nye (argued), Billings, for plaintiffs and appellants.

Murphy, Robinson, Heckathorn & Phillips, C. Eugene Phillips, Kalispell, Stoel, Rives, Boley, Fraser & Wyse, Pamela L. Jacklin (argued), Portland, Or., for defendants and respondents.

WEBER, Justice.

Sixty-five coal miners sued NERCO, Inc. (NERCO) and Spring Creek Coal Company (Spring Creek) on several theories evolving from the miners' job termination. The parties settled all claims except those embodied in a fourth amended complaint. The District Court for the Thirteenth Judicial District, Yellowstone County, granted summary judgment to NERCO and Spring Creek on the fourth amended complaint. Plaintiffs appealed. We affirm.

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