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SHEILA CALLAHAN & FRIENDS v. DEPT. OF LABOR

No. DA 11-0728.

280 P.3d 895 (2012)

2012 MT 133

SHEILA CALLAHAN & FRIENDS, INC., Petitioner and Appellee, v. STATE of Montana, DEPARTMENT OF LABOR AND INDUSTRY, Respondent and Appellant.

Supreme Court of Montana.

Decided June 26, 2012.

Attorney(s) appearing for the Case

For Appellant: Patricia L. Bik ; Department of Labor-Legal Services; Helena, Montana.

For Appellee: Elizabeth O'Halloran ; Milodragovich, Dale, Steinbrenner & Nygren, P.C.; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State of Montana, Department of Labor and Industry, appeals from the order of the Fourth Judicial District Court, Missoula County, granting the Petition for Review filed by Sheila Callahan & Friends, Inc. (SC & F) and reversing the decision of the Board of Labor Appeals.

¶ 2 We affirm the District Court's ruling and address the following issue:

¶ 3 Did the District...

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