BERRY v. KRTV COMMUNICATIONS, INC.

No. 92-330.

865 P.2d 1104 (1993)

Macklin D. BERRY, Plaintiff and Appellant, v. KRTV COMMUNICATIONS, INC., d/b/a KRTV 3, Defendant and Respondent.

Supreme Court of Montana.

Decided December 15, 1993.


Attorney(s) appearing for the Case

Patrick F. Flaherty (argued), Great Falls, for plaintiff and appellant.

Robert P. Goff and Jean E. Faure (argued), Church, Harris, Johnson & Williams, Great Falls, for defendant and respondent.

Donald C. Robinson and J. Richard Orizotti (argued), Poore, Roth & Robinson, Butte, Montana, amicus curiae for Patrick Kearney.

Daniel B. McGregor, Montana Dept. of Labor and Industry, Helena, amicus curiae.

Jerome T. Loendorf, Harrison, Loendorf & Poston, Helena amicus curiae for Montana Broadcasters.


TRIEWEILER, Justice.

Plaintiff Macklin D. Berry commenced this action against defendant KRTV Communications, Inc., in the District Court for the Eighth Judicial District in Cascade County to recover overtime pay, bonuses, statutory penalties, and attorney fees from his employer. The District Court granted his employer's motion for summary judgment and dismissed plaintiff's claim with prejudice based on its conclusion that his claim for overtime pay was barred by the...

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