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LINK v. CITY OF LEWISTOWN

No. 91-578.

833 P.2d 1070 (1992)

Dale Duane LINK, Plaintiff and Appellant, v. CITY OF LEWISTOWN, Defendant and Respondent.

Supreme Court of Montana.

Decided June 11, 1992.

Attorney(s) appearing for the Case

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

Monte J. Boettger, Atty., at Law, Lewistown, for defendant and respondent.

TURNAGE, Chief Justice.

Dale Duane Link alleges that the City of Lewistown failed to hire him as a firefighter in violation of the Montana Human Rights Act and the Governmental Code of Fair Practices. The District Court for the Tenth Judicial District, Fergus County, granted partial summary judgment for the City. We reverse.

The issue is whether the District Court erred in ruling that, as a matter of law, § 7-33-4107, MCA, prohibits the City from hiring...

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