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GARY & LEO'S FRESH FOODS v. DEPT. OF LABOR

No. DA 12-0158.

286 P.3d 1218 (2012)

2012 MT 219

GARY & LEO'S FRESH FOODS, INC., Petitioner and Appellee, v. STATE of Montana, DEPARTMENT OF LABOR AND INDUSTRY, Respondent and Appellant.

Supreme Court of Montana.

Decided October 9, 2012.

Attorney(s) appearing for the Case

For Appellant: Patricia L. Bik , Special Assistant Attorney General; Helena, Montana.

For Appellee: Amy D. Christensen , Kate McGrath Ellis ; Hughes, Kellner, Sullivan & Alke, PLLP; Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Montana Department of Labor & Industry (the Department) appeals from the First Judicial District Court's order reversing the Board of Labor Appeals' (the Board) award of unemployment benefits to Kaylee Reed (Reed). We affirm the District Court and address the issues:

¶ 2 1. Did the Department properly preserve its evidentiary arguments for appeal?

¶ 3 2. Did...

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