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MONTANA STATE BD. v. MONTANA DEPT. OF HIGHWAY

No. 14886.

615 P.2d 844 (1980)

MONTANA STATE BOARD OF PERSONNEL APPEALS, Hugh V. Larson, Petitioners and Appellants, v. MONTANA DEPARTMENT OF HIGHWAY, Ron Richards, Director; Montana Highway Commission, Respondents and Respondents.

Supreme Court of Montana.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Weber, Bosch, Kuhr, Dugdale, Warner & Martin, John Warner, argued, Havre, for petitioners and appellants.

Jack A. Holstrom, argued, Highway Legal Dept., Helena, for respondents and respondents.

James Gardner, Helena, for amicus curiae.

SHEA, Justice.

Hugh Larson appeals from an order of the Hill County District Court which determined as a matter of law that substantial evidence did not support the Board of Personnel Appeal's finding that the Highway Department unfairly denied him promotion for the Conrad sectionman position. Larson also appeals the District Court order insofar as it denies payment of his attorney fees.

Larson's grievance concerns the failure of the Montana Highway Department...

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