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FIRST INTERSTATE BANK v. TOM SHERRY TIRE

No. 88-345.

764 P.2d 1287 (1988)

FIRST INTERSTATE BANK OF MISSOULA, N.A., (formerly known as First National Montana Bank of Missoula), Conservator for Tina Louise Malone, an Incapacitated person, Claimant and Appellant, v. TOM SHERRY TIRE, INCORPORATED, Employer, and EBI Companies/Orion Group, Defendant and Respondent.

Supreme Court of Montana.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, William L. Crowley, Missoula, for claimant and appellant.

Dzivi & Rebeck, Susan J. Rebeck, Great Falls, for defendant and respondent.

TURNAGE, Chief Justice.

This is an appeal from the Workers' Compensation Court of the State of Montana. Claimant and appellant, First Interstate Bank, petitioned the Workers' Compensation Court for a hearing which would determine the subrogation rights of respondent EBI Companies/Orion Group pursuant to § 39-71-414(5), MCA. The court found that the issue was outside the scope of its jurisdiction and that the Workers' Compensation Division is the proper forum...

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