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GAMBLE v. SEARS

No. DA 06-0172.

160 P.3d 537 (2007)

Mary Ann GAMBLE, Petitioner and Respondent, v. SEARS, the parent Sears Holdings Corporation, subsidiaries and affiliates Kmart, the parent Sears Holdings Corporation, subsidiaries and affiliates, Respondent and Appellant.

Supreme Court of Montana.

Decided June 5, 2007.

Attorney(s) appearing for the Case

For Appellant: Michael P. Heringer, Don M. Hayes, Brown Law Firm, P.C., Billings, Montana.

For Respondent: Mark M. Kovacich, Lewis, Slovak & Kovacich, P.C., Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Sears Holdings Corporation appeals from the judgment of the Workers' Compensation Court rescinding the settlement agreement in Mary Ann Gamble's injury claim.

¶ 2 The Appellant raises the following issues for review:

¶ 3 (1) Did the court err in rescinding the parties' settlement agreement?

¶ 4 (2) Did the court err in concluding that Gamble's failure to...

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