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SMAIL v. AL'S SALES, INC.

No. 90-201.

797 P.2d 235 (1990)

In the Matter of the Wage Claims and Unemployment Insurance Claims of David L. SMAIL and Terry Brave, Respondents and Appellants, and The Department of Labor and Industry Board of Labor Appeals, Respondent and Respondent, v. AL'S SALES, INC. dba Oak and Brass and Dale P. HART, Petitioner and Respondent.

Supreme Court of Montana.

Decided September 20, 1990.

Attorney(s) appearing for the Case

John W. Larson, Missoula, for respondents and appellants.

Terry Wallace, Missoula, for petitioner and respondent.

Melanie A. Symons, Dept. of Labor, Appeals Bureau, Helena, for amicus curiae.

McDONOUGH, Justice.

This is an appeal from an order of the District Court of the Fourth Judicial District setting aside a default judgment entered against respondent, Dale Hart by the Department of Labor and Industry. The default judgment awarded appellants, David Smail and Terry Brave $41,844.44 in back wages and penalties. We reverse and remand for further proceedings.

The sole issue on appeal is:

Whether the District Court of the Fourth Judicial...

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