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BENAVIDES v. STATE

No. S-11983.

151 P.3d 332 (2006)

Richard BENAVIDES, on behalf of himself and all others similarly situated, Appellants, v. STATE of Alaska and Alaska Legislative Council, Appellees.

Supreme Court of Alaska.

November 17, 2006.

Attorney(s) appearing for the Case

Rex Lamont Butler and David E. George, Rex Lamont Butler & Associates, Inc., Anchorage, for Appellants.

David T. Jones, Assistant Attorney General, Anchorage, and David W. Marquez, Attorney General, Juneau, for Appellees.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Richard Benavides is an Anchorage resident who is required to spend the legislative session in Juneau as a condition of his employment. Benavides receives a salary but does not receive a per diem allowance for the time spent in Juneau. Benavides brought this class action alleging that the Alaska Legislative Council's failure to grant such an allowance violates AS 24.10.130. The superior...

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