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LaVE v. DEPT. OF LABOR & INDUSTRY

No. 89-284.

780 P.2d 189 (1989)

Pierre A. LaVE, Petitioner and Appellant, v. MONTANA STATE DEPARTMENT OF LABOR AND INDUSTRY, BOARD OF LABOR APPEALS; and Subaru of Billings, Respondents and Respondents.

Supreme Court of Montana.

Decided September 28, 1989.

Attorney(s) appearing for the Case

Michael G. Eiselein, Lynaugh, Fitzgerald & Eiselein, Billings, for petitioner and appellant.

Charles K. Hail, Dept. of Labor & Industry, Helena, Laura Mitchell, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for respondents and respondents.

HUNT, Justice.

Pierre LaVe, petitioner, appeals from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, affirming the Board of Labor Appeals decision denying his unemployment compensation benefits, pursuant to § 39-51-2410(5), MCA. We reverse.

The issue raised on appeal is whether the District Court erred in finding that a negligent failure to replace oil in the crankcase of a customer's automobile constituted "misconduct...

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