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DECKER COAL CO. v. HARTMAN

No. CV 87-304-BLG-JFB.

706 F.Supp. 745 (1988)

DECKER COAL COMPANY, a Joint Venture, Plaintiff, v. The Honorable Mary Margaret (Peg) HARTMAN, Commissioner of the Montana State Department of Labor and Industry, Defendant. United Mine Workers of America, Local Union No. 1972, representing 244 individual claimants, Intervenors.

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

On Motion for Reconsideration February 28, 1989.

Attorney(s) appearing for the Case

Paul D. Miller, Donna K. Davis, Holland & Hart, Billings, Mont., Jeffrey T. Johnson, Holland & Hart, Denver, Colo., for plaintiff.

Elizabeth L. Griffing, Dept. of Labor and Industry, Com'rs Office, Helena, Mont., for defendant.

Thomas E. Towe, Towe, Ball, Enright & Mackey, Billings, Mont., for intervenors.

MEMORANDUM OPINION AND ORDER

BATTIN, Chief Judge.

Presently pending before the Court is plaintiff's Motion for Judgment on the Pleadings. For the reasons stated below, plaintiff's motion is granted.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff filed this action on December 3, 1987, seeking a declaratory ruling that Mont.Code Ann. § 39-51-2305(3) is unconstitutional, as preempted by the National Labor Relations Act, 29 U.S.C. § 151...

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