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BURGESS v. BOARD OF HEALTH

No. 90-067.

796 P.2d 1079 (1990)

Sidney BURGESS, Plaintiff and Appellant, v. LEWIS AND CLARK CITY-COUNTY BOARD OF HEALTH, Defendant and Respondent.

Supreme Court of Montana.

Decided September 4, 1990.

Attorney(s) appearing for the Case

Frederick F. Sherwood, Reynolds, Motl and Sherwood, Helena, for plaintiff and appellant.

K. Paul Stahl, Deputy County Attorney, Helena, for defendant and respondent.

WEBER, Justice.

The plaintiff-appellant, Sidney Burgess, brought a claim in the District Court for the First Judicial District, Lewis and Clark County, alleging violation of the Wrongful Discharge from Employment Act, breach of contract, and requesting enforcement of an agreement to arbitrate. Defendant, Lewis and Clark City-County Board of Health, made a motion to dismiss for failure to state a claim based on the theory that acts of county commissioners are immune...

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