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BEAN v. STATE BD. OF LABOR APPEALS

No. 94-278.

891 P.2d 516 (1995)

Mary K. BEAN, Petitioner and Appellant, v. STATE of Montana BOARD OF LABOR APPEALS; Montana Department of Labor and Industry; and Community Nursing, Inc., d/b/a Village Health Care Center, Respondents and Respondents.

Supreme Court of Montana.

Decided March 15, 1995.

Attorney(s) appearing for the Case

Donald V. Snavely (argued); Snavely Law Offices Missoula.

Maureen H. Lennon (argued) and Candace C. Fetscher; Garlington, Lohn & Robinson, Missoula; Melanie Symons (argued), Department of Labor and Industry, Helena.

Cary B. Lund, Special Ass't Attorney General, Department of Social & Rehabilitation Services, Helena.

GRAY, Justice.

Mary Bean (Bean) appeals from an opinion and order of the Fourth Judicial District Court, Missoula County, denying her petition for judicial review of a decision of the Board of Labor Appeals (BOLA) finding that her employer discharged her for misconduct and that she was not entitled to unemployment benefits. We reverse and remand.

We restate the issues presented on appeal as follows:

1. Did the Department of Labor and Industry's telephonic...

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