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BOEGLI v. GLACIER MOUNTAIN CHEESE CO.

No. 89-39.

777 P.2d 1303 (1989)

John BOEGLI, Walt Boegli, John Payne, Robert Waller and Jack Young, Plaintiffs and Appellants, v. GLACIER MOUNTAIN CHEESE COMPANY, a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided August 15, 1989.

Attorney(s) appearing for the Case

Karl P. Seel, Bozeman, for plaintiffs and appellants.

Michael Coil, Bozeman, for defendant and respondent.

McDONOUGH, Justice.

Plaintiffs appeal from the dismissal of their action against the defendant in the District Court for the Eighteenth Judicial District, Gallatin County. The District Court based its dismissal on plaintiffs' failure to exhaust their administrative remedies. We reverse the order of the District Court.

The issue is whether plaintiffs denied overtime compensation under § 39-3-405, MCA, must seek relief exclusively from the Commissioner...

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