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MacMILLAN v. STATE COMPENSATION INS.

No. 96-645.

947 P.2d 75 (1997)

Don MacMILLAN, Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Tom L. Lewis and Andrew D. Huppert, Lewis, Huppert & Slovak, Great Falls, for Plaintiff and Appellant.

Jacqueline T. Lenmark and P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for Defendants and Respondents.

GRAY, Justice.

Don MacMillan (MacMillan) appeals from the judgment entered by the First Judicial District Court, Lewis and Clark County, on its order granting the motion for summary judgment filed by the State Compensation Insurance Fund, the State of Montana and Carl Swanson (collectively, the State Fund). We reverse and remand.

The dispositive issue on appeal is whether the District Court erred in concluding that MacMillan does not have a cause of action...

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