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TERRY v. BOARD OF REGENTS OF HIGHER EDUC.

No. 85-375.

714 P.2d 151 (1986)

Ernest TERRY, Petitioner, on behalf of himself and all other similarly situated past and present employees of defendants, plaintiff and appellant, v. BOARD OF REGENTS OF HIGHER EDUCATION of the State of Montana and Montana State University, Defendants and Respondents.

Supreme Court of Montana.

Decided February 18, 1986.

Attorney(s) appearing for the Case

James M. Kommers, Landoe, Brown, Planalp, Kommers and Johnstone, Bozeman, for plaintiff and appellant.

Roger N. Flair, Montana State University, Bozeman, William Richardson, Dept. of Labor & Industry, Helena, for defendants and respondents.

GULBRANDSON, Justice.

Ernest Terry, the plaintiff, appeals a Gallatin County District Court order granting the defendant's motion to dismiss and/or for summary judgment. The District Court upheld an administrative decision of the Labor Standards Division and determined that the plaintiff was a farm worker and an employee employed in agriculture and therefore exempt from the overtime provision of § 39-3-405(1), MCA. On...

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