Spieth v. Stuart

MR. JUSTICE DAVIS:

(concurring in part and dissenting in part).

I agree that Spieth’s appeal to the district court after the board’s denial of his petition for rehearing brought his claim before that court and within its jurisdiction. But I do not agree with the disposition which the majority makes of the case upon the merits. I would set aside the judgment of the lower court and affirm the board’s order.

My dissents in Levo v. General-Shea-Morrison, 128 Mont. 570, 280 Pac. (2d) 1026; Rathbun v. Taber Tank Lines, Inc., 129 Mont. 121, 283 Pac. (2d) 966, and Gaffney v. Industrial Accident Board,…