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  5. 642 F.Supp. 1102 (1986)
 

JOHNSON v. W.R. GRACE & CO.

Nos. CV-85-244-M-CCL, CV-85-245-M-CCL.

642 F.Supp. 1102 (1986)

Donald A. JOHNSON, Plaintiff, v. W.R. GRACE & COMPANY, a Connecticut corporation, Defendant. Harvey NOBLE, Plaintiff, v. W.R. GRACE & COMPANY, a Connecticut corporation, Defendant.

United States District Court, D. Montana, Missoula Division.

September 3, 1986.

Attorney(s) appearing for the Case

James E. Vidal, Murray, Kaufman, Vidal & Gordon, P.C., Kalispell, Mont., for plaintiffs.

Gary L. Graham, Garlington, Lohn & Robinson, Missoula, Mont., for defendant.

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...

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