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METRO AVIATION, INC. v. U.S.

No. OP 12-0429.

305 P.3d 832 (2013)

2013 MT 193

METRO AVIATION, INC., et al., Plaintiffs, v. UNITED STATES of America, Defendant.

Supreme Court of Montana.

Submitted May 15, 2013.

Decided July 16, 2013.

Rehearing Denied August 13, 2013.

Attorney(s) appearing for the Case

For Plaintiffs: Mark S. Northcraft (argued), James R. Morrison , Northcraft, Bigby & Biggs, P.C., Seattle, Washington, Robert H. Bullock , Brian G. Martin , Strong & Hanni, Salt Lake City, Utah.

For Defendant: Stuart F. Delery , Acting Assistant Attorney General, U.S. Department of Justice, Washington, District of Columbia, David B. Barlow , United States Attorney, Jeannette Swent , Assistant United States Attorney, District of Utah, Salt Lake City, Utah, Steven A. Kirsch (argued), Jill Dahlmann Rosa , United States Department of Justice, Washington, District of Columbia.

For Amicus Montana Defense Trial Lawyers: Nicholas J. Pagnotta (argued), Williams Law Firm, Missoula, Montana, Dale R. Cockrell , Moore, Cockrell, Goicoechea & Axelberg, P.C., Kalispell, Montana.

For Amicus Montana Trial Lawyers Association: L. Randall Bishop (argued), Bishop & Heenan, Billings, Montana, Lawrence A. Anderson , Attorney at Law, Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 We accepted certified questions from the U.S. District Court for the District of Utah, which we have reformulated in accordance with M.R.App. P. 15(4) and our Order of July 31, 2012:

¶ 2 May a person who has settled a claim with a victim then bring an action for contribution against a joint tortfeasor under § 27-1-703, MCA, even though the victim never filed a court action?<...

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