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PALLISTER v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC.

No. DA 12-0626.

302 P.3d 106 (2013)

2013 MT 149

Tyson S. PALLISTER, Kevin Budd, and Jessica Normandeau, Class Members and Appellants, v. BLUE CROSS AND BLUE SHIELD OF MONTANA, INC., and Montana Comprehensive Health Association, Defendants and Appellees, v. Brittany C. Smith; Renee Neary, as parent and guardian of Dylan Dallaserra; Krista Lucas; and Alice Jean Speare, each individually and as representative members of a class of similarly situated plaintiffs, Class Representatives and Appellees.

Supreme Court of Montana.

Decided June 4, 2013.

Attorney(s) appearing for the Case

For Appellants: James G. Hunt , Jonathan McDonald ; Dix, Hunt & McDonald; Helena, Montana (for Pallister), Jory C. Ruggiero , J. Breting Engel ; Attorneys at Law; Bozeman, Montana.

For Appellees: Jacqueline T. Lenmark ; Keller, Reynolds, Drake, Johnson & Gillespie, P.C.; Helena, Montana (for Montana Comprehensive Health Association), Robert G. McCarthy ; McCarthy Law, P.C.; Butte, Montana (for the Class, Class Representatives, and Appellees), Michael F. McMahon , Stefan T. Wall ; McMahon, Wall & Hubley, PLLC; Helena, Montana (for Blue Cross and Blue Shield of Montana, Inc.).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Class member and objector Tyson Pallister appeals from the denial by the Second Judicial District Court, Silver Bow County, of his motion to substitute the district court judge following remand from this Court. We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the District Court err by denying Pallister's motion for substitution of judge following remand?

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