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RUHD v. LIBERTY NORTHWEST INS. CORP.

No. 03-504.

97 P.3d 561 (2004)

2004 MT 236

322 Mont. 478

Jeremy RUHD, Petitioner and Respondent, v. LIBERTY NORTHWEST INSURANCE CORPORATION, and Richard Barber d/b/a Barber Homes, Respondents and Respondents, v. Fisch, Frost, Rausch, Intervenors and Appellants.

Supreme Court of Montana.

Submitted April 27, 2004.

Decided August 31, 2004.

Attorney(s) appearing for the Case

For Appellants: Monte D. Beck (argued), Beck, Richardson & Amsden, PLLC, Bozeman, Montana (Fisch), Stephen D. Roberts, Bozeman, Montana (Frost), Lon J. Dale (argued), Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana (Rausch).

For Respondent Ruhd: Geoffrey C. Angel (argued), Angel Law Firm, Bozeman, Montana.

For Amicus Curiae Montana State Fund: Bradley J. Luck, Thomas J. Harrington, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Appellants/Intervenors, Fisch, Frost, and Rausch, and their respective counsel, Mr. Monte Beck, Mr. Stephen Roberts, and Mr. Lon Dale, appeal a decision of the Workers' Compensation Court (WCC) that the attorneys' fees common fund created via the litigation entitled Rausch v. State Compensation Insurance Fund, 2002 MT 203, 311 Mont. 210, 54 P.3d 25, was limited...

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