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MILLER-WOHL CO. v. COM'R OF LABOR & INDUSTRY, ETC.

No. CV-80-100-GF.

515 F.Supp. 1264 (1981)

The MILLER-WOHL COMPANY, INC., Plaintiff, v. COMMISSIONER OF LABOR AND INDUSTRY, STATE OF MONTANA and Tamara L. Buley, Defendants.

United States District Court, D. Montana, Great Falls Division.

June 8, 1981.

Attorney(s) appearing for the Case

C. S. McCracken, Church, Harris, Johnson & Williams, Great Falls, Mont., Charles L. Fine, Clark, Hardy, Lewis, Fine & Pollard, Birmingham, Mich., for plaintiff.

Paul Van Tricht, Hearing Officer Labor Commission, Commissioner of Labor & Industry, Billings, Mont., J. Brian Bulger, James, Gray & McCafferty, Great Falls, Mont., Thomas W. Frizzell, Richard Buley, Tipp, Hoven, Skjelset & Frizzell, Missoula, Mont., for defendants.

MEMORANDUM

HATFIELD, District Judge.

Plaintiff, The Miller-Wohl Company, Inc. ("Miller-Wohl"), has brought this action asking this court to declare that the Montana Maternity Leave Act, MCA §§ 39-7-201 through 39-7-209, violates the Equal Protection and Due Process Clauses, and is in conflict with and preempted by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k). The parties have filed cross motions for summary judgment, and the matter...

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