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MURER v. STATE COMP. MUT. INS. FUND

No. 92-479.

849 P.2d 1036 (1993)

Jack MURER, Jay Harbrige, Larry Mack, Susan Vernon, William Logan, Steve Prickett, James Brown, Keith Mordja, and Bruce Nelson, in their individual capacities and also in their capacities as representatives of a class of workers' compensation and occupational disease claimants and beneficiaries described herein, Petitioners and Appellants, v. MONTANA STATE COMPENSATION MUTUAL INSURANCE FUND, and all Plan I and II Insurers of the Class of Claimants and Beneficiaries, Defendants and Respondents.

Supreme Court of Montana.

Decided March 30, 1993.

Attorney(s) appearing for the Case

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, for petitioners and appellants.

State Compensation Mut. Ins. Fund, Mont. Dept. of Labor & Industry, Helena, Bradley J. Luck & Michael C. Prezeau, Garlington, Lohn & Robinson, Missoula, William J. Mattix & Joe C. Maynard, Crowley Law Firm, Billings, Kristine L. Foot, Missoula, Sue Harold, Schaumberg, IL, Geoffrey R. Keller, Billings, Thomas A. Marra, Great Falls, Oliver H. Goe, Helena; Norman H. Grosfield, Alan J. Joscelyn, Gough, Shanahan, Johnson and Waterman, Helena, Paul Haffeman, Cure Borer & Davis, Great Falls, and Kyle A. Gray, Paul D. Miller and James Ragain, Holland & Hart, Billings, for defendants and respondents.

McDONOUGH Justice.

This is an appeal from an order of the Workers' Compensation Court. We affirm.

The issue is whether the Workers' Compensation Court erred in denying class certification to the claimants.

Claimants are nine workers injured between July 1, 1987 and June 30, 1991. These claimants, and the alleged class they represent, are entitled to various benefits: maximum total disability, partial disability, rehabilitation and/or death benefits...

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