F.W. WOOLWORTH CO. v. EMPLOYMENT SEC. DIV.

Nos. 80-182, 80-183.

627 P.2d 851 (1981)

F.W. WOOLWORTH COMPANY, INC., a New York Corporation, Petitioner and Appellant, v. EMPLOYMENT SECURITY DIVISION OF THE MONTANA STATE DEPARTMENT OF LABOR AND INDUSTRY et al., Respondents. J.C. PENNEY COMPANY, INC., a Delaware Corporation, Petitioner and Appellant, v. EMPLOYMENT SECURITY DIVISION OF THE MONTANA STATE DEPARTMENT OF LABOR AND INDUSTRY et al., Respondents.

Supreme Court of Montana.

Decided May 6, 1981.


Attorney(s) appearing for the Case

Poore, Roth, Robischon & Robinson, Butte, Donald C. Robinson argued and Douglas A. Buxbaum argued, Butte, for petitioners and appellants.

Robert J. Campbell argued, Helena, for respondents.

D. Patrick McKittrick argued, Great Falls, for intervenor.


MORRISON, Justice.

F.W. Woolworth Co., Inc., and J.C. Penney Company, Inc., appeal from a summary judgment of the District Court for the Twelfth Judicial District. The appeals originate from claims filed July 18, 1976, by members of retail clerks' union, local no. 57, for unemployment benefits claimed during a strike.

The issue during the administrative process was whether a work stoppage occurred under section 39-51-2305, MCA. Benefits are denied during a...

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