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NESS v. ANACONDA MINERALS CO.

No. 96-038.

929 P.2d 205 (1996)

Harry A. NESS, Petitioner and Appellant, v. ANACONDA MINERALS COMPANY, A DIVISION OF ATLANTIC RICHFIELD COMPANY, INC., Respondent and Respondent.

Supreme Court of Montana.

Decided November 25, 1996.

Attorney(s) appearing for the Case

R. Lewis Brown, Butte Legal Center, Butte, for Petitioner and Appellant.

Andrew J. Utick, Helena, for Respondent and Respondent.

ORDER

On August 22, 1996, this Court entered its opinion in the above-entitled appeal. Thereafter, on August 26, 1996, respondent Anaconda Minerals Company filed a petition for rehearing requesting this Court to consider the issues raised by respondent on cross-appeal. Upon further consideration, it appears that respondent had in fact properly filed a notice of cross-appeal which, due to a clerical error, was not contained in the record nor listed on the docket...

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