INDUSTRIAL INDEMNITY INSURANCE COMPANY

Petitioner

vs.

ROBERTA RYAN

Claimant/Respondent/Cross-Petitioner.

On February 6, 1995, a motion for new trial was filed on behalf of the claimant.

Petitions for new trial are governed by ARM 24.5.344, which provides, inter alia, that any party "may petition for a new trial or request amendment to the court's findings of fact and conclusions of law within 20 days after the order or judgment is served." The judgment in this matter was entered on November 30, 1994. The claimant's motion for new trial was filed more than twenty (20) days after the final decision. Therefore, the motion is denied.

DATED in Helena, Montana, this 8th day of February, 1995.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Charles E. McNeil
Ms. Roberta Ryan - Certified Mail