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McCLURE v. STATE COMPENSATION INS. FUND

No. 94-489.

899 P.2d 1093 (1995)

James D. McCLURE, Petitioner/Appellant, v. STATE COMPENSATION INSURANCE FUND, Insurer/Respondent for Blaze Construction, Inc., Employer/Respondent.

Supreme Court of Montana.

Decided July 27, 1995.

Attorney(s) appearing for the Case

Edward K. Duckworth, Ronan, for appellant.

Susan C. Witte, State Compensation Mut. Ins. Fund, Helena, for respondent.

NELSON, Justice.

The appellant, James McClure appeals from the Workers' Compensation Court's order denying his petition for new trial and certifying judgment as final dated September 7, 1994. We reverse and remand.

BACKGROUND

On June 8, 1992, the appellant James McClure (McClure) was injured in the course and scope of his employment with Smith Enterprises, Inc. (Smith). At the time of the injury, Smith, a tribal-owned business, was an independent...

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