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BARNICOAT v. COM'R OF DEPT. OF LABOR

No. 81-561.

653 P.2d 498 (1982)

John BARNICOAT, Plaintiff and Appellant, v. COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY, the Employment Security Division, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 10, 1982.

Attorney(s) appearing for the Case

Hartelius & Associates, Cameron Ferguson, Great Falls, for plaintiff and appellant.

R. Scott Currey, Dept. of Labor & Industry, Helena, for defendants and respondents.

WEBER, Justice.

John Barnicoat brought a legal action against the Commissioner of the Department of Labor and Industry claiming a refund of unemployment insurance benefits he paid back to the State Employment Security Division (Division). The District Court of the Fifth Judicial District, Jefferson County, sitting without a jury, dismissed Barnicoat's complaint due to his failure to exhaust statutory administrative remedies. Barnicoat appeals.

We affirm.<...

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