PROUT v. SEARS, ROEBUCK AND CO.

No. 88-117.

772 P.2d 288 (1989)

Tammy PROUT, Plaintiff and Appellant, v. SEARS, ROEBUCK AND COMPANY, and Terry McGinnis, Defendants and Respondents.

Supreme Court of Montana.

Decided February 16, 1989.

Amendment to Dissent May 2, 1989.

Rehearing Denied May 2, 1989.


Attorney(s) appearing for the Case

Randy K. Dix, argued, Helena, for plaintiff and appellant.

John Sullivan, argued, Hughes, Kellner, Sullivan & Alke, Helena, for defendants and respondents.


FRANK I. HASWELL, Retired Chief Justice.*

In this action for wrongful termination of employment, the underlying issue is whether there is a genuine issue of material fact precluding summary judgment. The District Court held there was none. We disagree.

Plaintiff Tammy Prout, an employee of the Sears catalogue store in Helena, Montana, was fired by Terry McGinnis, the store manager, on December 2, 1986. The reason for termination...

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