TACKE v. ENERGY WEST, INC.

No. DA 09-0456.

227 P.3d 601 (2010)

2010 MT 39

355 Mont. 243

Delores TACKE, Plaintiff and Appellee, v. ENERGY WEST, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided February 23, 2010.


Attorney(s) appearing for the Case

For Appellant: Mark F. Higgins; Ugrin, Alexander, Zadick & Higgins, P.C.; Great Falls, Montana, Richard N. Selby, II; Dworken & Bernstein Co., L.P.A.; Painesville, Ohio.

For Appellee: Elizabeth Best; Best Law Offices, P.C.; Great Falls, Montana, Howard F. Strause; Attorney at Law; Great Falls, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Energy West, Inc. appeals from a jury verdict and subsequent District Court orders entering a judgment in favor of its employee, Delores Tacke, for overtime wages, liquidated damages, costs, and attorneys' fees under the Fair Labor Standards Act (FLSA). We affirm.

¶ 2 Energy West presents five issues on appeal, which we restate as follows:

¶ 3 1. Did the District Court err in...

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