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STATE EX REL. MAPES v. DISTRICT COURT

No. 91-285.

822 P.2d 91 (1991)

STATE of Montana, ex rel. Greg MAPES, Plaintiff/Relator, v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT OF the State of Montana, In and For the COUNTY OF CASCADE, and the Honorable Thomas M. McKittrick, District Judge, Respondents.

Supreme Court of Montana.

October 30, 1991.

Attorney(s) appearing for the Case

William A. Rossbach, John B. Whiston, Rossbach & Whiston, P.C., Missoula, Erik B. Thueson, Thueson Law Office, Helena, Donald R. Marble, Marble Law Office, Chester, for plaintiff/relator.

E. Scott Savage, David L. Arrington, VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, Kurt W. Kroschel, Russell D. Yerger, Kurt W. Kroschel & Associates, Billings, Thomas M. McKittrick, Dist. Judge, Great Falls, for respondents.

ORDER AND OPINION

TRIEWEILER, Justice.

The plaintiff, Greg Mapes, filed a complaint in the District Court of the Eighth Judicial District in Cascade County. He brought his claim against the defendant, Burlington Northern Railroad, pursuant to 45 U.S.C. § 51, et seq., to recover damages for physical injuries that he alleges he sustained during the course of his employment with the railroad. Following pretrial discovery of plaintiff's psychological...

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