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HARDGROVE v. TRANSPORTATION INS. CO.

No. 03-678.

103 P.3d 999 (2004)

2004 MT 340

324 Mont. 238

William HARDGROVE, Petitioner and Appellant, v. TRANSPORTATION INSURANCE COMPANY, Insurer of W.R. Grace & Company, Respondent and Respondent.

Supreme Court of Montana.

Decided December 1, 2004.

Rehearing Denied January 11, 2005.

Attorney(s) appearing for the Case

For Appellant: Tom Lewis and Keith Marr (argued), Lewis, Slovak & Kovacich, P.C., Great Falls, Montana, Thomas A. Baiz, Jr., Great Falls, Montana.

For Respondent: Todd A. Hammer and David Sandler (argued), Hammer, Hewitt and Sandler, Kalispell, Montana For Amicus Curiae: Jon L. Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana (Ex-Mine Workers).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 William Hardgrove appeals from the Workers' Compensation Court's determination that § 39-72-403(3), MCA (1983) (repealed 1985), bars his claim for Occupational Disease Act (ODA) benefits, and that that statute violates neither the Equal Protection Clauses of the Montana and United States Constitutions nor the Full Legal Redress Clause of the Montana Constitution. We affirm the Workers' Compensation...

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