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MILLER-WOHL CO. v. COM'R OF LABOR & INDUSTRY

No. 84-172.

692 P.2d 1243 (1984)

The MILLER-WOHL COMPANY, INC., Petitioner and Respondent, v. COMMISSIONER OF LABOR AND INDUSTRY, State of Montana, and Tamara L. Buley, Respondents and Appellants.

Supreme Court of Montana.

Decided December 28, 1984.

Attorney(s) appearing for the Case

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

Tipp, Hoven, Skjelset & Frizzell; Richard R. Buley, argued, Missoula, for Tamara Buley.

Church, Harris, Johnson & Williams; Cresap S. McCracken, Great Falls, Charles L. Fine argued, Phoenix, Ariz., for Miller-Wohl Co.

Kathleen H. Richardson, Havre, amicus curiae, for Women's Law Section.

Patten & Renz; Jeffrey Renz, Billings, amicus curiae, for American Civil Liberties Union.

Kathleen F. Holden, Helena, amicus curiae, for Montana Human Rights Com'n.

Hilley & Loring; Emilie Loring, Great Falls, amicus curiae, for Montana Educ. Ass'n.

SHEEHY, Justice.

This is an appeal by Tamara L. Buley and the Commissioner of Labor and Industry from a judgment of the District Court, Eighth Judicial District, Cascade County, finding the Montana Maternity Leave Act invalid and reversing a decision of the Commissioner in favor of Tamara for back wages and penalties.

We reverse the judgment of the District Court.

We determine for the purpose of this action that the employment policy of Miller-Wohl...

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