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BOREEN v. CHRISTENSEN

No. 93-616.

884 P.2d 761 (1994)

Katharine S. BOREEN, Plaintiff and Appellant, v. George CHRISTENSEN, a/k/a George P. Christensen, a/k/a "Chris" Christensen, and F. Guy Youngblood, acting individually and in the capacities of administrative officers of the Department of Military Affairs, State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided October 20, 1994.

Rehearing Denied November 22, 1994.

Attorney(s) appearing for the Case

Peter Michael Meloy, Meloy & Morrison, Helena, for appellant.

Hon. Joseph P. Mazurek, Attorney General, James Scheier, Assistant Attorney General, Helena, for respondent.

Stanley T. Kaleczyc, Browning, Kaleczyc, Berry & Hoven, Helena, for amicus Mont. League of Cities and Towns and Mont. Ass'n of Counties.

NELSON, Justice, delivered the Opinion of the Court.

This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, dismissing the complaint of plaintiff/appellant Katharine S. Boreen (Boreen) alleging constructive discharge from her employment and violations of 42 U.S.C. §§ 1983 (§ 1983) and 1988. We reverse and remand.

The sole issue on appeal is whether the District...

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