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MURER v. STATE COMPENSATION MUT. INS.

No. 94-067.

885 P.2d 428 (1994)

Jack MURER, Jay Harbrige, Keith Mordja, Susan Vernon, Bruce Nelson, Steve Prickett, and James Brown, Claimants/Co-Appellants, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Defendant/Co-Respondent, and Larry MACK and William Logan, Claimants/Co-Appellants, v. ASARCO, INCORPORATED, Defendant/Co-Respondent.

Supreme Court of Montana.

Decided November 21, 1994.

Rehearing Denied December 15, 1994.

Attorney(s) appearing for the Case

Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, for appellant.

Bradley L. Luck, Garlington, Lohn & Robinson, Missoula, for respondent.

NELSON, Justice.

This is an appeal from a Workers' Compensation Court order granting the defendants/respondents summary judgment and its order denying plaintiffs/appellants partial summary judgment. We reverse and remand for a calculation of benefits consistent with this opinion.

The issue on appeal is whether the District Court erred in granting summary judgment to the defendants/respondents and denying the partial summary judgment motion of the plaintiffs...

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