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JENSEN v. STATE, DEPT. OF TRANSP.

No. DA 08-0533.

214 P.3d 1227 (2009)

2009 MT 246

351 Mont. 443

David W. JENSEN, Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of Montana.

Decided July 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Ronald F. Waterman; Gough, Shanahan, Johnson & Waterman; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; David L. Ohler, Special Assistant Attorney General; Helena, Montana.

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

¶ 1 After determining David W. Jensen had not timely filed his wage claim, the First Judicial District Court, Lewis and Clark County, granted the Montana Department of Transportation (MDT) summary judgment in this action for reimbursement for overtime wages. Jensen appeals. We affirm.

¶ 2 The issue is whether genuine issues of material fact barred summary judgment.

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