DIEMERT v. DEPT. OF LABOR AND INDUSTRY

No. 89-415.

788 P.2d 1355 (1990)

Josephine M. DIEMERT, Petitioner and Appellant, v. STATE of Montana, DEPARTMENT OF LABOR AND INDUSTRY, and Montana Deaconess Medical Center, a Montana corp., Respondent and Respondent.

Supreme Court of Montana.

Decided March 20, 1990.


Attorney(s) appearing for the Case

Daniel Donovan, Lawrence A. Anderson, Great Falls, for petitioner and appellant.

David A. Scott, Dept. of Labor & Industry, Helena, Neil E. Ugrin and Nancy P. Cory, Great Falls, for respondent and respondent.


WEBER, Justice.

Appellant, Josephine Diemert, filed a petition for judicial review of an unemployment claim she had against the Department of Labor and Industry ("DLI") and the Montana Deaconess Medical Center ("Deaconess"), in the District Court for the Eighth Judicial District, Cascade County. On December 12, 1986, DLI moved to dismiss the petition for judicial review based on failure to prosecute, pursuant to Rule 41(b), M.R.Civ.P.

On December 17, 1986...

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