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ORR v. STATE

No. 02-693.

106 P.3d 100 (2004)

2004 MT 354

324 Mont. 391

Herbert R. ORR and Sandra G. Orr, et al., Plaintiffs and Appellants, v. STATE of Montana, a government entity, Defendant and Respondent.

Supreme Court of Montana.

Submitted November 12, 2003.

Decided December 14, 2004.

Rehearing Denied February 2, 2005.

Attorney(s) appearing for the Case

For Appellants: Jon L. Heberling (argued), McGarvey Heberling Sullivan & McGarvey, Kalispell, Montana.

For Respondent: Dana L. Christensen (argued), Christensen Moore Cockrell Cummings & Axelberg, Kalispell, Montana; Thomas G. Bowe, Assistant Attorney General, Helena, Montana.

For Amicus Curiae: Lawrence A. Anderson, Attorney at Law, Great Falls, Montana; Karl J. Englund. Attorney at Law, Missoula, Montana (for Montana Trial Lawyers Association).

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The Plaintiffs/Appellants (hereinafter "the Miners") include an on-site carpenter, seven former miners from Libby, Montana, and the wife of a former miner, all of whom have been diagnosed with asbestos disease. The Miners and their families have sued the State of Montana for negligence claiming that the State knew of the asbestos danger associated with...

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