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KEMP v. STATE BD. OF PERSONNEL

No. 98-556.

989 P.2d 317 (1999)

1999 MT 255

James A. KEMP, d/b/a Yellowstone Mine Restaurant, Appellant and Appellant, v. STATE of Montana BOARD OF PERSONNEL APPEALS, Labor Commissioner, State of Montana & Cynthia Showers, Respondents and Respondents.

Supreme Court of Montana.

Decided October 21, 1999.

Attorney(s) appearing for the Case

Michael B. Anderson, Anderson & Liechty, Billings, Montana, For Appellant.

Charles K. Hail, Department of Labor, Helena, Montana, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 James A. Kemp, doing business as Yellowstone Mine Restaurant (collectively "Kemp"), appeals from the Judgment entered by the Sixth Judicial District Court, Park County, that affirmed the Board of Personnel Appeals' (the Board) determination that Kemp owed Cynthia Showers (Showers) $5,204.83 for unpaid wages. We reverse.

¶ 2 Kemp raises two substantive issues on appeal, which we restate...

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