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DIAZ v. STATE

No. DA 12-0654.

313 P.3d 124 (2013)

2013 MT 331

Jeanette DIAZ and Leah Hoffmann-Bernhardt, Individually and on Behalf of Others Similarly Situated, Plaintiffs and Appellees, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided November 6, 2013.

Attorney(s) appearing for the Case

For Appellant: Robert C. Lukes , Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

For Appellees: Erik B. Thueson , Scott L. Peterson , Thueson Law Office, Helena, Montana, James G. Hunt , Jonathan McDonald , Dix, Hunt & McDonald, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the District Court's Order filed June 19, 2012, denying the State's motion for summary judgment. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 Plaintiffs Diaz and Hoffman-Bernhardt were covered by the State of Montana's employee healthcare benefit program established under Title 2, chapter 18, MCA (referred to as the Plan). The Plan is...

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