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GONZALES v. WALCHUK

No. 02-008.

59 P.3d 377 (2002)

2002 MT 262

Norma O. GONZALES, Plaintiff and Appellant, v. Lawrence WALCHUK, Robert B. Ekblad and Phyllis Ekblad, Defendants and Respondents.

Supreme Court of Montana.

Decided November 26, 2002.

Attorney(s) appearing for the Case

James D. Moore, Attorney at Law, Kalispell, Montana, For Appellant.

James R. Walsh, Smith, Walsh, Clarke & Gregoire, Great Falls, Montana, For Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 On summary judgment, the Twentieth Judicial District Court, Sanders County, concluded as a matter of law that a Certificate of Independent Contractor Exemption issued by the Montana Department of Labor and Industry is conclusive proof of a worker's status in the face of evidence that the Certificate was obtained by fraud. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

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