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Metro Aviation, Inc. v. United States

Supreme Court of Montana

July 16, 2013

METRO AVIATION, INC., et al., Plaintiffs,
v.
UNITED STATES OF AMERICA, Defendant.

Argued: May 14, 2013

Submitted: May 15, 2013

Certified Question, United States District Court District of Utah, Central Division Honorable Tena Campbell, Presiding Judge.

For Plaintiffs: Mark S. Northcraft (argued), James R. Morrison, Northcraft, Bigby & Biggs, P.C., Seattle, Washington

Robert H. Bullock, Brian G. Martin, Strong & Hanni, Salt Lake City, Utah

For Defendant: Stuart F. Delery, Acting Assistant Attorney General, U.S. Department of Justice, Washington, District of Columbia

David B. Barlow, United States Attorney, Jeannette Swent, Assistant United States Attorney, District of Utah, Salt Lake City, Utah

Steven A. Kirsch (argued), Jill Dahlmann Rosa, United States Department of Justice, Washington, District of Columbia

For Amicus Montana Defense Trial Lawyers: Nicholas J. Pagnotta (argued), Williams Law Firm, Missoula, Montana

Dale R. Cockrell, Moore, Cockrell, Goicoechea & Axelberg, P.C., Kalispell, Montana

For Amicus Montana Trial Lawyers Association: L. Randall Bishop (argued), Bishop & Heenan, Billings, Montana

Lawrence A. Anderson, Attorney at Law, Great Falls, Montana

OPINION

Patricia O. Cotter Justice

¶1 We accepted certified questions from the U.S. District Court for the District of Utah, which we have reformulated in accordance with M. R. App. P. 15(4) and our Order of July 31, 2012:

¶2 May a person who has settled a claim with a victim then bring an action for contribution against a joint tortfeasor under § 27-1-703, MCA, even ...


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