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MARTIN v. BOARD OF LABOR APPEALS

No. 87-55.

737 P.2d 488 (1987)

Michael MARTIN, Petitioner and Appellant, v. BOARD OF LABOR APPEALS, Employment Security Division, Montana State Department of Labor & Industry, and Northern Montana Hospital, Respondents and Respondents.

Supreme Court of Montana.

Decided May 26, 1987.

Attorney(s) appearing for the Case

Steven L. Bunch, Montana Legal Services, Helena, for petitioner and appellant.

Rebecca L. Smith, Dept. of Labor & Industry, Helena, Bruce E. Swenson, Havre, for respondents and respondents.

SHEEHY, Justice.

Michael Martin appeals an order of the Twelfth Judicial District, Hill County, dismissing without prejudice his petition for judicial review of a Board of Labor Appeals decision on the grounds that he failed to prosecute the action. We reverse and remand.

Michael Martin was hired as a patient aid at Northern Montana Hospital in May, 1982. Sixteen months later, in August, 1983, he was discharged for failure to complete his work assignments...

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