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Galetti v. Montana Power Company12/5/2001
a matter of law. Hereford v. Hereford, 183 Mont. 104, 107-08, 598 P.2d 600, 602 (1979).
FINAL JUDGMENT
The petitioner is entitled to attorney fees and a penalty with respect to the 2 6/7 weeks of benefits paid by Montana Power Company after the commencement of this action.
The petitioner is entitled to attorney fees and a penalty with respect to the $41,000 paid by the Subsequent Injury Fund to the claimant.
The parties should be able to determine the actual amounts due for attorney fees and the penalty. In the event that they cannot do so, the Court reserves continuing jurisdiction to do so.
The Court's prior partial judgment dismissing claims with respect to claimant's entitlement to benefits and the liability of the Subsequent Injury Fund with respect to penalties and attorney fees are reaffirmed and incorporated in this Final Judgment.
Claimant is entitled to his costs against Montana Power Company and shall file his memorandum of costs in accordance with Court rules.
This Judgment is certified as final for purposes of appeal.
DATED in Helena, Montana, this 5th day of December, 2001.
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