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STATE, ETC. v. HUMAN RIGHTS DIVISION

No. 14483.

601 P.2d 1190 (1979)

STATE of Montana, By and Through its PUBLIC EMPLOYEES RETIREMENT BOARD, Plaintiff and Appellant, v. HUMAN RIGHTS DIVISION et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 1, 1979.

Attorney(s) appearing for the Case

J. Michael Young argued, Dept. of Admin., Helena, for plaintiff and appellant.

Frederick F. Sherwood argued, Rosemary Zion, Helena, for defendants and respondents.

SHEA, Justice.

The State of Montana Public Employees' Retirement Board appeals from a decision of the Lewis and Clark County District Court which held that the Human Rights Commission must first exhaust its administrative remedies before seeking judicial review. In doing so, the District Court dismissed the request of the Public Employees' Retirement Board for a mandatory injunction or a declaratory judgment directed at the Human Rights Commission.

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