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CLARKE v. MASSEY

No. 95-106.

897 P.2d 1085 (1995)

In the Matter of David CLARKE, Petitioner/Appellant, v. Scott MASSEY, d/b/a All Seasons Construction, Respondent/Respondent.

Supreme Court of Montana.

Decided June 27, 1995.

Attorney(s) appearing for the Case

Mark E. Jones, Missoula, for appellant.

Kristine L. Foot, Missoula, for respondent.

NELSON, Justice.

David Clarke (Clarke) appeals from the Workers' Compensation Court's order and judgment dated January 27, 1995, dismissing with prejudice his petition for attorney fees under § 39-71-611, MCA. We affirm.

Background

This case began with Clarke's claim for compensation for on-the-job injuries sustained in February 1990. As it turned out, Clarke's employer, Scott Massey d/b/a All Seasons Construction and Truss Fabrication (Massey...

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