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STATE v. DISTRICT COURT

Nos. 89-259, 89-298.

805 P.2d 1272 (1990)

STATE of Montana, ex rel., DIVISION OF WORKERS' COMPENSATION, Relator, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, and Honorable Robert W. Holmstrom, District Judge, Respondents. Nathanial B. BLAYLOCK, et al., Plaintiffs/Appellants, and David L. Caldwell, Plaintiff/Appellant, v. The DIVISION OF WORKERS' COMPENSATION, The Department of Labor and Industry, and The State of Montana, Defendants/Respondents.

Supreme Court of Montana.

Decided October 22, 1990.

Attorney(s) appearing for the Case

Robert C. Kelleher, Sr., and Lee R. Kerr; Kelleher Law Offices, Billings, for appellants.

Timothy J. Whalen, Whalen & Whalen, Billings, for appellant Caldwell.

John H. Maynard, Tort Claims Div., Chris D. Tweeten, Hughes, Kellner, Sullivan & Alke, Helena, for respondent and relator.

McDONOUGH, Justice.

This is an original proceeding of supervisory control consolidated with an appeal from a summary judgment entered in favor of the defendants by the District Court for the Thirteenth Judicial District, Yellowstone County, on the grounds that the defendants are entitled to quasi-judicial immunity. The District Court also ruled that the 42 U.S.C. § 1983 claims of unnamed plaintiffs in this class action suit are not barred by a federal court dismissal...

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