Joinder Of Montana In Asbestos Action, Remand, Proper, Judge Says

(February 1, 2017, 9:21 AM EST) -- BILLINGS, Mont. — Allegations that the state of Montana declined to act after its investigation discovered asbestos contamination at the Libby, Mont., are sufficient to keep it in a case and defeats diversity, a federal judge in Montana held Jan. 30 in adopting a magistrate judge’s recommendation and remanding the case (Timothy S. McDowell, personal representative of the estate of Susan K. McDowell v. Burlington Northern Santa Fe Railway Co., et al., No. 16-67, D. Mont., 2017 U.S. Dist. LEXIS 12524)....

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