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160 Mont. 365

Kelleher v. State

Montana Supreme Court

Decided November 9, 1972

Montana Supreme Court · decided 1972-11-09

Good law ✅— No negative treatment on recordhow we know

Decided 1972-11-09

How this case has been cited

Cited by 21 later decisions — most recently June 2002

21 state decisions

1301972198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MR. JUSTICE CASTLES,

¶1(dissenting):

¶2I dissent. I shall not dwell at length on the matter but will observe that the Workmen’s Compensation Act, in my view, forecloses an action by an employee of one state agency against another state agency. Both agencies involved here are creatures of the Legislature, both financed by public tax monies.

¶3Additionally, on issue No. 2, I would grant a new trial because the damages awarded are excessive. Here we have an employee in a managerial position who has in fact returned to work and has had a salary increase since his return. In his position he is fully able to do the job and a quarter of a million dollar judgment shocks my conscience. I would grant a new trial.

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