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TRUSTEES, CARBON CTY. SCH. v. SPIVEY

No. 90-340.

805 P.2d 61 (1991)

TRUSTEES, CARBON COUNTY SCHOOL DISTRICT NO. 28, Plaintiff and Appellant, v. Helen SPIVEY and Nancy Keenan, Superintendent of Public Instruction, Defendants and Respondents.

Supreme Court of Montana.

Decided January 24, 1991.

Attorney(s) appearing for the Case

Lawrence R. Martin, Felt, Martin, Frazier & Lovas, Billings, for plaintiff and appellant.

Emilie Loring, Hilley & Loring, Missoula, Beda Lovitt, Legal Council, Office of Public Instruction, Helena, for defendants-respondents.

HARRISON, Justice.

The District Court of the Thirteenth Judicial District, Carbon County, granted respondents' motion to dismiss pursuant to the running of a thirty-day period to file a petition for judicial review. This appeal followed. We reverse and remand.

The sole issue on review is whether the sixty-day statute of limitations contained in § 20-3-107(2), MCA or the thirty-day statute of limitations contained in § 2-4-702(2)(a), MCA applies to...

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