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REESOR v. MONTANA STATE FUND

No. 03-639.

103 P.3d 1019 (2004)

2004 MT 370

325 Mont. 1

Dale REESOR, Petitioner and Appellant, v. MONTANA STATE FUND, Respondent and Insurer.

Supreme Court of Montana.

Decided December 22, 2004.

Attorney(s) appearing for the Case

For Appellant: Thomas J. Murphy (argued), Murphy Law Firm, Great Falls, Montana.

For Respondent: Thomas E. Martello (argued), Special Assistant Attorney General, Montana State Fund, Helena, Montana.

For Amicus Montana Self-Insurers Association: Bradley J. Luck, Robert E. Sheridan (argued), Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

For Amicus Montana Trial Lawyers Association: Laurie Wallace (argued), Bothe & Lauridsen, P.C., Columbia Falls, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Dale Reesor (Reesor) filed a petition for hearing before the Workers' Compensation Court in which he alleged he suffered injury arising out of and in the course of his employment with Northwest Equipment in Cascade County, Montana, an employer insured by the State Compensation Insurance Fund (State Fund). Reesor contended that § 39-71-710, MCA, unconstitutionally denied him equal protection under...

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