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LIX v. KENNEY

No. 90-316.

804 P.2d 391 (1991)

George David LIX, Leonard Perkins, Richard Len Pitsch, and All Other Persons Known and Unknown, But Similarly Situated, Plaintiffs and Respondents, v. Stephen J. KENNEY, and Cory Kenney, Jointly, Individually, and d/b/a Stephen J. Kenney Contractors, Defendants and Appellants. David L. HUNTER and the Department of Labor and Industry, Plaintiff and Respondent, v. Stephen J. KENNEY d/b/a Stephen J. Kenney Contractors, Defendant and Appellant.

Supreme Court of Montana.

Decided January 10, 1991.

Attorney(s) appearing for the Case

Randall G. Nelson and Laurence R. Martin, Felt, Martin, Frazier & Lovas, Billings, for defendants and appellants.

William Richardson, Butte, David Scott, Dept. of Labor & Industry, Helena, for plaintiffs and respondents.

McDONOUGH, Justice.

Stephen J. Kenney d/b/a Stephen J. Kenney Contractors appeals from an order of the Thirteenth Judicial District, Big Horn County, granting summary judgment in favor of the Department of Labor and Industry (Department) and George Lix, Leonard Perkins and Richard Pitsch, employees of Kenney Contractors. In its order, the District Court held that Kenney Contractors was liable for back wages, costs, penalties as required by § 39-3-206, MCA, and...

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