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WALKER v. ANACONDA CO.

Nos. CV 81-6-BU, CV 81-7-BU and CV 81-8-BU.

520 F.Supp. 1143 (1981)

Harold WALKER, Plaintiff, v. The ANACONDA COMPANY and Anaconda Copper Company, Defendants. Albert W. HOFBAUER, Plaintiff, v. The ANACONDA COMPANY and Anaconda Copper Company, Defendants. Frank BEAVIS, Plaintiff, v. The ANACONDA COMPANY and Anaconda Copper Company, Defendants.

United States District Court, D. Montana, Butte Division.

As Amended September 16, 1981.

Attorney(s) appearing for the Case

Leonard J. Haxby, Butte, Mont., for plaintiffs.

Patrick J. Brophy, Thomas Gallagher, Denver, Colo., Edward F. Bartlett, Butte, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

The question which arises on the motion of the defendants to dismiss in these consolidated cases is whether the administrative remedy provided for victims of age discrimination by MCA §§ 49-2-501 to 507 (1979) is exclusive.

Prior to 1974, under Montana law an employment for an indefinite period was terminable at the will of either party1 except that an employee...

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