STATE v. DIST. OF EIGHTH JUDG. DIST. CT.

No. 94-100.

891 P.2d 493 (1995)

STATE of Montana, ex rel., BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Relator, v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT COURT, Cascade County, and Honorable John M. McCarvel Respondents.

Supreme Court of Montana.

Submitted October 25, 1994.

Decided March 2, 1995.


Attorney(s) appearing for the Case

Kurt W. Kroschel (argued), Dennis Nettiksimmons, Kroschel & Yerger, Billings.

C. Marshall Friedman, St. Louis, Missouri, Lynn D. Baker, Newton McCoy (argued), Hartelius, Ferguson & Baker, Great Falls (Iddings).

Don M. Hayes, Herndon, Hartman, Sweeney & Halverson, Billings (DuPont de Nemours & Co.); L.D. Nybo, Nybo, Conklin & LeVeque, Great Falls (SSI/Mobley Co.).

Randy Cox, Boone, Karlberg & Haddon, Missoula, Sue Ann Love, Great Falls (Montana Defense Trial Lawyers); Patricia O'Brien Cotter, Cotter & Cotter, Great Falls; Lawrence Anderson, Great Falls (Montana Trial Lawyers Association); Robert M. Knight, Helena S. Maclay, Knight, Maclay & Masar, Missoula.


NELSON, Justice.

This case comes before us on Relator Burlington Northern's (BN) application for a writ of supervisory control. BN requests that we order the District Court to dismiss, without prejudice, Plaintiff Anthony Iddings' (Plaintiff) Federal Employer's Liability Act (FELA or the Act) complaint seeking monetary damages for an injury occurring in the course and scope of his employment with BN. BN contends that dismissal is appropriate under the doctrine of...

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