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STATE FARM FIRE AND CAS. CO. v. BUSH HOG

No. OP 08-0430.

219 P.3d 1249 (2009)

2009 MT 349

353 Mont. 173

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff, v. BUSH HOG, LLC, Defendant.

Supreme Court of Montana.

Decided October 21, 2009.

Attorney(s) appearing for the Case

For Plaintiff: Michael J. Lilly (argued), Gig A. Tollefsen, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana.

For Defendant: Allan H. Baris (argued), Moore, O'Connell & Refling, P.C., Bozeman, Montana.

For Amicus Montana Defense Trial Lawyers Association: John Alke, Hughes, Kellner, Sullivan & Alke, PLLP, Helena, Montana.

For Amicus Montana Trial Lawyers Association: Lawrence A. Anderson, Attorney at Law, Great Falls, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana, Billings Division, has certified the following three questions to this Court pursuant to M.R.App. P. 15(3):

1. Is a defendant who wishes to assert a claim for contribution against a person whose negligence may have been the proximate cause of the injury for which a plaintiff seeks damages required by § 27-1-703, MCA, to assert...

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