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ROEBER v. STATE, DEPT. OF INSTITUTIONS

No. 89-446.

795 P.2d 424 (1990)

Ernest ROEBER and the State Institutional Employees for Equal Hours, Plaintiffs and Respondents, v. STATE of Montana, DEPARTMENT OF INSTITUTIONS and the Montana Developmental Center, Defendants and Appellants.

Supreme Court of Montana.

Decided July 12, 1990.

Rehearing Denied August 23, 1990.

Attorney(s) appearing for the Case

Nick A. Rotering, Dept. of Institutions, Helena, for defendants and appellants.

Leonard J. Haxby, Butte, for plaintiffs and respondents.

BARZ, Justice.

The State of Montana, Department of Institutions and Montana Developmental Center appeal from the judgment of the District Court for the Fifth Judicial District, Jefferson County, granting respondents' petition for declaratory judgment. We reverse and remand.

Respondents are employees of the Montana Developmental Center in Boulder. The Developmental Center is operated by the Department of Institutions. There are both union and non-union employees...

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