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THOMPSON v. J.C. BILLION, INC.

No. DA 12-0244.

294 P.3d 397 (2013)

2013 MT 20

Robert THOMPSON, Plaintiff and Appellant, v. J.C. BILLION, INC., and Montana Department of Labor and Industry, Defendants and Appellees.

Supreme Court of Montana.

Decided January 29, 2013.

Attorney(s) appearing for the Case

For Appellant: Geoffrey C. Angel ; Angel Law Firm; Bozeman, Montana.

For Appellees: Lyman H. Bennett, III ; Attorney at Law; Virginia City, Montana.

For Amicus Curiae: Bruce Spencer ; Smith Law Firm, P.C.; Helena, Montana; (Automobile Dealers Association).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Robert Thompson (Thompson) appeals from the Order entered by the First Judicial District Court affirming the Department of Labor & Industry's (Department) denial of his claim for overtime compensation against J.C. Billion, Inc. (Billion). We affirm and address these issues:

¶ 2 1. Did the District Court err by concluding that Billion did not waive its argument that Thompson was exempt...

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