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STUART v. DEPT. OF SOCIAL & REHAB. SERV.

No. 91-316.

846 P.2d 965 (1993)

John J. STUART and Lee J. Tickell, Plaintiffs and Appellants, v. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, a state agency within the executive branch of state government, and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided January 29, 1993.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for plaintiffs and appellants.

G. Curtis Drake, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, for defendants and respondents.

Carter N. Picotte, Helena, for amicus curiae, Montana Public Employees' Ass'n.

GRAY, Justice.

John Stuart and Lee Tickell appeal from the grant of summary judgment to the Montana Department of Social and Rehabilitation Services (SRS) by the First Judicial District Court, Lewis and Clark County. We affirm.

The issues are:

1. Did SRS's refusal to pay appellants their accrued vacation benefits violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution?

2. Did SRS's refusal to pay appellants...

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