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KLUNDT v. STATE, EX REL., BD. OF PERSON. APP.

No. 85-258.

712 P.2d 776 (1986)

Jerry T. KLUNDT, Plaintiff and Appellant, v. STATE of Montana, ex rel., BOARD OF PERSONNEL APPEALS and Chauffeurs, Teamsters and Helpers Union, Defendants and Respondents.

Supreme Court of Montana.

Decided January 2, 1986.

Attorney(s) appearing for the Case

Cate Law Firm, Brad L. Arndorfer, Billings, for plaintiff and appellant.

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

D. Patrick McKittrick, McKittrick Law Firm, Great Falls, for Union.

HUNT, Justice.

The appellant, Klundt, appeals from an order of the Yellowstone County District Court granting respondents' motions to dismiss for failure to state a claim upon which relief can be granted.

The order granting the Board of Personnel Appeals' motion to dismiss is affirmed, and the order granting the Union's motion to dismiss is reversed.

On appeal, the appellant raises the following issues:

(1) Whether the District Court erred...

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