MEMORANDUM AND ORDER
LOVELL, District Judge.
This is a constructive discharge case arising out of plaintiff Russell's resignation from employment with defendant Mini Mart effective January 16, 1985. The complaint also includes claims for overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, and its Montana counterpart. The case was referred to U.S. Magistrate Robert M. Holter,
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