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ROSEBUD COUNTY v. ROAN

No. 80-236.

627 P.2d 1222 (1981)

ROSEBUD COUNTY, Montana, a body Politic and Corporate, Petitioner and Respondent, v. Lyndon W. ROAN and Labor Standards Division, Department of Labor & Industry, State of Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided April 30, 1981.

Attorney(s) appearing for the Case

Lucas & Monaghan, Miles City, A. Lance Tonn, argued, Miles City, James Gardner, Jr., argued, Dept. of Labor, Helena, for respondents and appellants.

John S. Forsythe, argued, County Atty., Forsyth, for petitioner and respondent.

SHEA, Justice.

Lyndon Roan, a wage claimant, and the Department of Labor and Industry, appeal the decision of the Rosebud County District Court which reversed a ruling of the Department awarding Roan overtime pay as an employee of Rosebud County, and also reversing the penalty award for failure to pay the overtime.

Lyndon Roan left the employ of Rosebud County on January 17, 1979. On February 3, 1979, he filed a claim with the Department of Labor and Industry...

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