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PUBLIC EMPLOYEE'S ASS'N v. DEPT. OF TRANSP.

No. 97-120.

954 P.2d 21 (1998)

1998 MT 17

MONTANA PUBLIC EMPLOYEE'S ASSOCIATION, a Montana non-profit Corporation; on behalf of, as their union, Tim Fellows, Jerry Brown, and all other employees of the Montana Department of Transportation similarly situated, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Supreme Court of Montana.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Carter N. Picotte, Helena, for Plaintiffs and Appellants.

Mike Pickard, Human Resources Attorney, Montana Department of Transportation, Helena, for Defendant and Respondent.

NELSON, Justice.

¶ 1 The Montana Public Employee's Association (MPEA) appeals an order of the District Court for the First Judicial District, Lewis and Clark County, granting summary judgment in favor of the Montana Department of Transportation (MDT) in a controversy between the parties over the status of the "District Construction Allowance" (DCA) paid to certain MDT employees. We reverse and remand.

¶ 2 The sole issue raised on appeal is whether...

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