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ART v. MONTANA DEPT. OF LABOR AND INDUSTRY

No. 01-491.

60 P.3d 958 (2002)

313 Mont. 197

2002 MT 327

Eve ART, Petitioner and Appellant, v. MONTANA DEPARTMENT OF LABOR AND INDUSTRY, ex rel., Patricia MASON, Respondents and Respondents.

Supreme Court of Montana.

Decided December 19, 2002.

Attorney(s) appearing for the Case

For Appellant: Michael J. San Souci, Law Office of Michael J. San Souci, Bozeman, Montana.

For Respondent: Julia M. Swingley, Special Assistant Attorney General, Department of Labor and Industry, Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Eve Art appeals the dismissal of her petition for judicial review of the determination of the Department of Labor and Industry that she owes a domestic worker unpaid overtime wages. The First Judicial District Court, Lewis and Clark County, Montana, concluded that Art first must exhaust available administrative remedies before the district court may assume jurisdiction over the matter. We affirm.

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