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No.

94-229

IN THE SUPREME COURT OF THE STATE OF MONTANA 1995

MICHAEL A. TEFFT, EDWARD C. PETERS, JOSEPH E. GASPAR, NANCI ELLEN GREEN, RANDY J. ARCHERY, JOSEPH M. McKAMEY, GEORGE L. DOMME, MICHAEL D. CROSS, MICHAEL E. HEISLER, and JACK C. STIMAC, Plaintiffs and Respondents, v. THE STATE OF MONTANA, Defendant and Appellant.

APPEAL FROM:

District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas McKittrick, Judge presiding.

COUNSEL OF RECORD: For Appellant: W. D. Hutchinson, Assistant Attorney General, Agency Legal Services Bureau, Helena, Montana For Respondents: Lawrence A. Anderson, Attorney at Law, Great Falls, Montana

Submitted on Briefs: Decided: Filed:

January 19, 1995 May 4, 1995

Justice Terry N. Trieweiler delivered the opinion of the Court. The plaintiffs, who are firefighters employed by the Montana Air National Guard in Great Falls, filed this action in the

District Court for the Eighth Judicial District in Cascade County to recover wages due from the defendant, liquidated damages for violation of State of Montana, Federal Fair and

the

Labor

Standards Act motion for

(FLSA).

The District judgment

Court granted plaintiffs' and held that the State

partial

summary

violated the FLSA when it reduced plaintiffs' wages and that its actions were not taken in good faith. After a nonjury trial, the and

District Court found the amount of wages and damages due, entered judgment in favor of plaintiffs for that amount.

The State

appeals from the District Court's order granting summary judgment and the amount of damages awarded. District Court. We restate the issues on appeal as follows: 1. Did the District Court err when it granted plaintiffs' We affirm the judgment of the

motion for summary judgment? 2. Did the District Court abuse its discretion when

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Montana Law