SCHMASOW v. NATIVE AMERICAN CENTER

No. 97-555.

978 P.2d 304 (1999)

1999 MT 49

Sara SCHMASOW, Plaintiff and Appellant, v. NATIVE AMERICAN CENTER, Pat Maki,Grace Fairhurst, Don Fish, and Duke Martel, also John Does 1 through 10, Defendants and Respondents.

Supreme Court of Montana.

Decided March 16, 1999.


Attorney(s) appearing for the Case

Cameron Ferguson; Hartelius, Ferguson, Baker & Kazda; Great Falls, Montana, for Appellant.

Robert L. Sterup; Dorsey & Whitney, LLP; Billings, Montana, for Respondents.


Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 The appellant, Sara Schmasow, brought an action against the defendants, the Native American Center, Inc. (NAC) and others, claiming that NAC should have selected her for the position of executive director pursuant to an Indian employment preference provision in NAC's contract with the Indian Health Service. NAC hired another Indian, James Parker Shield, instead. Schmasow argued in the Eighth Judicial...

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