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CITY OF BILLINGS v. SMITH

No. 12100.

490 P.2d 221 (1971)

CITY OF BILLINGS, A municipal Corporation and Yellowstone County, Montana, a body politic, Plaintiffs, v. The Hon. Sidney T. SMITH, Commissioner of Labor of the State of Montana, Defendant.

Supreme Court of Montana.

October 29, 1971.

Attorney(s) appearing for the Case

Harold F. Hanser, County Atty., argued John R. Davidson, City Atty., argued Billings, Donald Ostrem, City Atty., argued, Great Falls, Perry Moore, argued, Harlowton, J.A. Alexander, Butte, C.W. Leaphart, Jr., Helena, Ralph T. Randono, appeared, Great Falls, for plaintiffs.

Robert L. Woodahl, Atty. Gen., Helena, Lawrence D. Huss and John P. Connor, Jr., Asst. Attys. Gen., argued, Helena, for defendant.

D. Patrick McKittrick, argued, John C. Hall, Great Falls, amicus curiae.

John Sheehy, intervenor argued, Billings, William N. Jensen, Deputy Dir. Montana Legal Services Ass'n, and Thomas Ashton, III appeared, Helena.

CASTLES, Justice.

This is an original proceeding seeking a declaratory judgment that House Bill No. 338, Chapter No. 417, Laws of 1971, called the Minimum Wage Act, is unconstitutional, or that certain persons are excluded from its provisions, or that in any event, certain persons can by contract waive the provisions of the Act. The City of Billings and the County of Yellowstone filed their petition, and this Court accepted original jurisdiction.

As a result...

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