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BNSF RY. CO. v. CRINGLE

No. DA 10-0161.

247 P.3d 706 (2010)

2010 MT 290

359 Mont. 20

BNSF RAILWAY COMPANY, a Delaware corporation, Petitioner and Appellant, v. Chad CRINGLE and Montana Department of Labor and Industry, Human Rights Commission, Respondents and Appellees.

Supreme Court of Montana.

Decided December 30, 2010.

Attorney(s) appearing for the Case

For Appellant: Benjamin O. Rechtfertig and Jeff Hedger , Hedger Friend, PLLC, Billings, Montana.

For Appellees: Terry N. Trieweiler , Trieweiler Law Firm, Whitefish, Montana ( Chad Cringle ), Marieke Beck , Department of Labor and Industry, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 BNSF Railway Company (BNSF) appeals from the judgment of the First Judicial District Court, Lewis and Clark County, dismissing BNSF's petition for judicial review. We reverse and remand.

¶ 2 We review the following issue on appeal:

¶ 3 Does the 14-day filing deadline in § 49-2-505(3)(c), MCA, deprive a district court of jurisdiction...

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