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Harrington v. Energy West, Inc.

Harrington v. Energy West, Inc., 2015 MT 233 (Aug. 11, 2015) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court correctly considered evidence outside the pleadings in deciding Energy West’s 12(b)(1) motion to dismiss; and (2) whether the district court correctly dismissed Harrington’s suit for lack of subject matter jurisdiction.

Short Answer: (1) Yes; ad (2) no.

Affirmed in part and reversed in part, and remanded for further proceedings

Facts: Energy West is a Montana corporation with its principal place of business in Montana. It is a subsidiary of Gas Natural, Inc., an Ohio corporation with corporate offices in Montana and Ohio.

In February 2011, either Energy West or Gas Natural (the parties dispute which) hired Harrington as a corporate controller.…