Legal Opinion
Johnson v. W.R. Grace & Co.
District Court, D. Montana
Decided September 3, 1986No. CV-85-244-M-CCL, CV-85-245-M-CCLPublished
1Opinion of the Court
MEMORANDUM AND ORDER
LOVELL, District Judge.
Defendant moves to dismiss these actions on the grounds that the complaints fail to state a claim upon which relief can be granted and that the actions are barred by the exclusive remedy provisions of the Montana Occupational Disease Act, § 39-72-305, Mont. Code Ann., and the Montana Workers’ Compensation Act, § 39-71-411, Mont. Code Ann.
The complaints allege that plaintiffs were injured by inhaling asbestos fibers and vermiculite while employed for a period of more than 30 years at defendant’s vermiculite mining and processing operation in Lincoln…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Regina (Rega) Jablon v. Dean Witter & Co., and Sydney TurnerCourt of Appeals for the Ninth Circuit · 1980
- Johns-Manville Products Corp. v. Superior CourtCalifornia Supreme Court · 1980
- Commercial Union Insurance Company v. Ford Motor CompanyCourt of Appeals for the Ninth Circuit · 1981
- St. Paul Fire and Marine Insurance Company, a Minnesota Corporation, Plaintiff v. Julian S. H. Weiner, St. Paul Fire and Marine Insurance Company, a Minnesota Corporation v. Marvin A. Lichtig, St. Paul Fire and Marine Insurance Company, a Minnesota Corporation v. Solomon BlockCourt of Appeals for the Ninth Circuit · 1979
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