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OSTER v. VALLEY COUNTY

No. 05-136.

140 P.3d 1079 (2006)

2006 MT 180

333 Mont. 76

Kenneth L. OSTER, Plaintiff and Respondent, v. VALLEY COUNTY, Montana, A Body Politic, Defendant and Appellant.

Supreme Court of Montana.

Decided August 8, 2006.

Attorney(s) appearing for the Case

Maxon R. Davis, James A. Donahue, Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, for Appellant.

James D. Rector, Glasgow, for Respondent.

Mike McGrath, Attorney General, Chris D. Tweeten, Assistant Attorney General, Helena, for Amicus Curiae.

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

¶ 1 County Attorney Kenneth Oster (Oster) filed suit in the District Court to recover unpaid wages, related penalties, and attorney fees from Valley County (County). The District Court granted summary judgment in favor of Oster. County appeals. We affirm in part and reverse in part.

ISSUES

¶ 2 The restated issues on appeal are:

1. Whether Oster is estopped from bringing...

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