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DALE v. TRADE STREET, INC.

No. 92-114.

854 P.2d 828 (1993)

David DALE, Claimant and Respondent, v. TRADE STREET, INC. and State Compensation Mutual Insurance Fund, Employer, Defendant and Appellant.

Supreme Court of Montana.

Decided April 1, 1993.

As Changed on Denial of Rehearing July 14, 1993.

Attorney(s) appearing for the Case

Laurence Hubbard, State Compensation Mut. Ins. Fund, Helena, for defendant and appellant:

Thomas C. Bulman, Missoula, for claimant and respondent:

Oliver H. Goe, Helena, for amicus curiae Montana Motor Carriers Ass'n, Inc.

WEBER, Justice.

This is an appeal from the Worker's Compensation Court of a judgment concluding that the claimant, David Dale, was injured during the course and scope of his employment. We reverse.

There are three issues on appeal:

1. Did the Worker's Compensation Court err in determining that David Dale was injured in the course and scope of his employment?

2. Did the Worker's Compensation Court correctly...

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