Legal Opinion

Dukes v. Sirius Construction, Inc.

Montana Supreme Court

Decided June 3, 2003No. 01-519PublishedCited by 19 opinions

1Opinion of the CourtJustice Rice

¶1 Appellants Traci L. Dukes, as personal representative of the Estate of Keith Dukes and on her own and her minor children’s behalf, and Sandra Henry, on behalf of her minor child (hereafter referred to as “Dukes”), brought this action against the defendants in the Fourth Judicial District Court, Missoula County. Defendant City of Missoula (City) moved the District Court to dismiss Dukes’ complaint, alleging that any inspection or other duties imposed on it by Montana’s Scaffolding Act in § 50-77-106, MCA (1997), 1 were preempted by the Occupational Safety & Health Act of 1970 (OSH Act) and…

2Cases cited23 opinions

  1. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  2. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  3. Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
  4. Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
  5. Charles A. Ries, III v. National Railroad Passenger Corporation, A/K/A Amtrak National Railroad Passenger CorporationCourt of Appeals for the Third Circuit · 1992

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3Cited by19 opinions

  1. Snetsinger v. Montana University SystemMontana Supreme Court · 2004
  2. PPL MONTANA, LLC v. StateMontana Supreme Court · 2010
  3. Gonzalez v. Ideal Tile Importing Co.New Jersey Superior Court Appellate Division · 2004
  4. Dukes v. City of MissoulaMontana Supreme Court · 2005
  5. Vitullo v. International Brotherhood of Electrical Workers, Local 206Montana Supreme Court · 2003

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