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BRINKMAN v. STATE

No. 86-37.

729 P.2d 1301 (1986)

Albert L. BRINKMAN, Plaintiff and Appellant, v. STATE of Montana, State of Montana Institutions, and Henry Risley, Warden, Montana State Prison, Defendants and Respondents.

Supreme Court of Montana.

Decided December 11, 1986.

Rehearing Denied January 13, 1987.

Attorney(s) appearing for the Case

Leonard J. Haxby and David L. Holland, Butte, for plaintiff and appellant.

Chris D. Tweeten, Agency Legal Services Bureau, Helena, for defendants and respondents.

Charles E. Erdmann, Montana School Boards Assoc., LeRoy H. Schramm, Montana University System, Helena, for amicus curiae.

GULBRANDSON, Justice.

Plaintiff Albert Brinkman appeals a Powell County District Court order granting summary judgment to the defendants State of Montana, State of Montana Department of Institutions and Warden Henry Risley in this wrongful termination of employment case. The sole question on appeal is whether the appellant is barred from suing for wrongful discharge because of his failure to exhaust contractual remedies under a collective bargaining agreement. We...

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