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FLYNN v. MONTANA STATE FUND

WCC No. 2000-0222.

2010 MTWCC 21

ROBERT FLYNN and CARL MILLER, Individually and on Behalf of Others Similarly Situated, Petitioners, v. MONTANA STATE FUND, Respondent/Insurer, and LIBERTY NORTHWEST INSURANCE CORPORATION, Intervenor.

Workers' Compensation Court of Montana.

July 1, 2010.

ORDER DENYING COMMON FUND INSURERS' GENERAL MOTION TO DISMISS

JAMES JEREMIAH SHEA, JUDGE.

Summary: Common Fund Insurers moved this Court to dismiss the common fund claims asserted against them on five grounds: (1) Because Common Fund Insurers were not parties to Flynn I, enforcement of the Flynn common fund violates their right to due process; (2) Petitioners lack standing to pursue common fund claims against...

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