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HUBER v. COM'R OF LABOR & INDUSTRY

No. 85-256.

715 P.2d 440 (1986)

Leo HUBER and Emilia Huber, a partnership d/b/a Libby Theaters, Plaintiffs and Respondents, v. COMMISSIONER OF LABOR AND INDUSTRY, State of Montana, ex rel., Scott kIRSCHENMANN, Claimant and Appellant.

Supreme Court of Montana.

Decided March 11, 1986.

Attorney(s) appearing for the Case

L. Charles Evans, Libby, for claimant and appellant, Kirschenmann.

Garnaas, Hall, Riley & Pinsoneault, H.L. Garnaas, Missoula, for plaintiffs and respondents.

GULBRANDSON, Justice.

Scott Kirschenmann appeals a Lincoln County District Court order which awards him the amount of his wage claim but denies him his attorney's fees. The sole issue on appeal is whether § 39-3-214, MCA, entitles appellant to his attorney's fees at the District Court level where the Commissioner of Labor's attorney, who intervened on appellant's behalf, may have adequately represented appellant and it may not have been necessary for appellant...

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