ELK MOUNTAIN MOTOR SPORTS v. MDLI

No. DA 12-0052.

289 P.3d 165 (2012)

2012 MT 261

ELK MOUNTAIN MOTOR SPORTS, INC., Petitioner, Appellee and Cross-Appellant, v. MONTANA DEPARTMENT OF LABOR AND INDUSTRY, UNINSURED EMPLOYERS' FUND, Respondent, Appellant and Cross-Appellee.

Supreme Court of Montana.

Decided November 20, 2012.


Attorney(s) appearing for the Case

For Appellant: Joseph Nevin , Special Assistant Attorney General, Montana Department of Labor & Industry, Helena, Montana.

For Appellee: David B. Gallik , Attorney at Law, Helena, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Uninsured Employer's Fund (the Fund) appeals an order from the First Judicial District, Lewis & Clark County, determining that the Fund had breached a contract with Elk Mountain Motor Sports (Elk Mountain). The Fund also appeals an order requiring it to pay damages. We affirm.

¶ 2 The Fund raises the following issues:

¶ 3 Did the District Court properly determine...

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