Legal Opinion

Trankel v. State, Dept. of Military Affairs

Montana Supreme Court

Decided April 30, 1997No. 96-026PublishedCited by 29 opinions

1Opinion of the CourtJustice Trieweiler

The plaintiff, James B. Trankel, commenced this action in the District Court for the First Judicial District in Lewis and Clark County to recover damages for personal injuries sustained while working on property owned and controlled by the defendant, State of Montana, through its Department of Military Affairs. The State moved to dismiss Trankers complaint pursuant to Rule 12(b)(6), M.R.Civ.P. After considering the arguments of the parties, the District Court concluded that Trankel’s claim was barred by the U.S. Supreme Court’s decision in Feres v. United States (1950), 340 U.S. 135, 71 S.Ct.…

2Cases cited25 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  3. Chappell v. WallaceSupreme Court of the United States · 1983
  4. United States v. StanleySupreme Court of the United States · 1987
  5. United States v. ShearerSupreme Court of the United States · 1985

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3Cited by29 opinions

  1. Schuff v. A.T. Klemens & SonMontana Supreme Court · 2000
  2. Brewington v. Employers Fire InsuranceMontana Supreme Court · 1999
  3. Oberson v. Federated Mutual InsuranceMontana Supreme Court · 2005
  4. Olson v. Shumaker Trucking & Excavating Contractors, Inc.Montana Supreme Court · 2008
  5. Hauschulz v. Michael Law FirmMontana Supreme Court · 2001

24 more not listed; retrieve them via the Exa API.

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