Sherner v. Conoco, Inc.

IN THE SUPREME COURT OF THE STATE OF MONTANA No. 98-630 2000 MT 50A PETER R. SHERNER and ) DEBORAH SHERNER, ) ) Plaintiffs and Appellants, ) ) ORDER viI P , :;1' \ ? f) ,,' \..J 2non ~ U v. ) ) CONoeo, INC., ) ) Defendant and Respondent. ) Respondent, Conoco, Inc., has filed with this Court its Petition for Rehearing and Peter R. Sherner and Deborah Sherner have filed their response. It was pointed out in the Petition for Rehearing that the OSHA citations were not a part of the record on appeal and that, therefore, this Court should not have considered them. IT IS ORDERED that the opinion of this Court in Sherner v. Conoco, Inc., 2000 MT 50, _ Mont. _ , _P.2d_, 57 St.Rep.241, shall be amended to delete the last sentence of~ 7, which states: "An OSHA investigation resulted in a number of citations being issued against Conoco for violating OSHA regulations." IT IS FURTHER ORDERED that Conoco, Inc. 's Petition for Rehearing is denied. IT IS FURTHER ORDERED that the Clerk of this Court give notice of this order by mail to counsel of record. ~~ DATED this ~ day of March, 2000.