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IN RE ABFALDER

No. 02-482.

75 P.3d 1246 (2003)

2003 MT 180

In the Matter of Michael ABFALDER, Claimant, Travelers Indemnity Company of Illinois, Respondent and Insurer for Cereal Food Processors, Employer, v. Nationwide Mutual Fire Insurance Company, Appellant and Insurer for Cereal Food Processors, Employer.

Supreme Court of Montana.

Decided July 10, 2003.

Attorney(s) appearing for the Case

Kelly M. Wills & Kathleen L. Desoto, Garlington, Lohn & Robinson, Missoula, Montana, for Appellant.

Sara R. Sexe, Mara, Wenz & Johnson, Great Falls, Montana (For Travelers Indemnity).

Victor R. Halverson, Halverson, Sheehy & Plath, Billings, Montana (For Claimant Michael Abfalder).

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Claimant Michael Abfalder ("Abfalder") injured his back while working for Cereal Food Processors ("Cereal Food") in 1994 and was diagnosed with an occupational disease. Cereal Food's insurer at that time, Nationwide Mutual Fire Insurance Company ("Nationwide"), found the occupational disease compensable. Abfalder suffered several flare-ups and other injuries, subsequent to his original 1994 injury. Travelers...

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