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BARRETT v. ASARCO INC.

No. 87-303.

763 P.2d 27 (1988)

Robert P. BARRETT, Plaintiff and Respondent, v. ASARCO INCORPORATED, a New Jersey corporation, and Robert D. Hearst, Defendants and Appellants.

Supreme Court of Montana.

Decided October 11, 1988.

Attorney(s) appearing for the Case

Holland & Hart, James A. Ragain and Kyle A. Gray, argued, Billings, for defendants and appellants.

Gene A. Picotte and Robert M. Kampfer, argued, Clancy, for plaintiff and respondent.

GULBRANDSON, Justice.

ASARCO appeals a Lewis and Clark County District Court order denying ASARCO's motion for a new trial. We reverse and remand for a new trial.

Robert P. Barrett (Barrett) was employed by ASARCO for fifteen years and five months. He held a managerial position as a shift foreman since 1973. On November 26, 1983, Barrett injured his back in a work related accident at ASARCO's East Helena plant. ASARCO paid Barrett his full salary and reimbursed...

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