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VON PETERSDORFF v. KENYON NOBLE LUMBER CO.

No. 03-691.

103 P.3d 1082 (2004)

2004 MT 382

325 Mont. 94

Mike C. VON PETERSDORFF, Plaintiff and Appellant, v. KENYON NOBLE LUMBER COMPANY d/b/a Kenyon Noble Lumber and Hardware, a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 28, 2004.

Attorney(s) appearing for the Case

For Appellant: Geoffrey C. Angel, Attorney at Law, Bozeman, Montana.

For Respondent: Bill Hanson, Attorney at Law, Bozeman, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Mike C. Von Petersdorff brought an action in the Montana Eighteenth Judicial District Court in and for the County of Gallatin to recover wages alleged due him after his employment with Defendant Kenyon Noble Lumber Company ("Kenyon Noble") terminated. The District Court granted Kenyon Noble's motion for summary judgment on the grounds that Von Petersdorff had invoked his administrative remedy...

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