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MALQUIST v. FOLEY

No. 84-499.

714 P.2d 995 (1986)

Dale MALQUIST, George Boharski, George Belt and Local 768, IBEW, Plaintiff and Appellant, v. Howard P. FOLEY, a District of Columbia Corporation; city Electric, a Montana Corporation, and R.L. Payne Company, Inc., A Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided February 13, 1986.

Rehearing Denied March 25, 1986.

Attorney(s) appearing for the Case

Terry Wallace, argued, Missoula, for plaintiff and appellant.

Garlington, Lohn & Robinson, Charles E. McNeil, argued, Missoula, for Foley.

Corette, Smith, Pohlman & Allen, Lissa K. Swan, argued, Butte, Milodragovich, Dale & Dye, Karl H. Boehm, Missoula, for City Elec.

Worden, Thane & Haines, Stacey Weldele-Wade, argued, Missoula, for Payne.

MORRISON, Justice.

This is an appeal from an order of the Fourth Judicial District Court dismissing plaintiffs' complaint on the basis that the action was preempted by federal law and the State District Court lacked subject matter jurisdiction to adjudicate the controversy. We reverse and remand for trial.

This action was instituted by plaintiffs Dale Malquist, George Boharski, George Belt and Local 768, IBEW. No issue has been raised on appeal concerning...

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