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GONZALES v. MONTANA POWER CO.

No. DA 09-0578.

233 P.3d 328 (2010)

2010 MT 117

Herman GONZALES, Fawn Lyons, Ken Laudato, Lawrence Walker, Gary Mansikka, Gary Galetti, Greg Whiting, Marvin Krone, Richard Black, Jim Kelly, Chris Sousley, and all others similarly situated, Plaintiffs and Appellees, v. MONTANA POWER COMPANY, Northwestern Corporation, a Delaware Corporation, Northwestern Corporation, a Delaware Corporation, as a Reorganized Debtor, Subsequent to Its Plan Confirmation, Hereinafter Referred to as NOR, NorthWestern Corporation d/b/a NorthWestern Energy; Putnam and Associates, Inc., a Montana corporation, John Does II and III and John Does IV thru XX, Defendants and Appellants.

Supreme Court of Montana.

Decided May 25, 2010.

Attorney(s) appearing for the Case

For Appellant Montana Power Company: Joe Seifert, Keller, Reynolds, Drake, Johnson & Gillespie, P.C., Helena, Montana.

For Appellees: Lon J. Dale, Milodragovich, Dale, Steinbrenner & Nygren, P.C., Missoula, Montana, Chris J. Ragar, Ragar Law Offices, Bozeman, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Herman Gonzales and other former employees (collectively the Class) of Montana Power Company (MPC), filed an action against MPC and its successors in interest, including NorthWestern Corporation (as a reorganized debtor), NorthWestern Energy, and Putnam and Associates. The Class alleged that MPC had manipulated worker compensation claims benefits dating back to 1977. The Class also claimed that MPC...

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