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MONTANA CHAMBER OF COMMERCE v. ARGENBRIGHT

Nos. CV 97-6-H-CCL, CV 98-37-H-CCL.

28 F.Supp.2d 593 (1998)

MONTANA CHAMBER OF COMMERCE, Sletten Construction Company, Lehrkind's, Inc., Kalispell Area Chamber of Commerce, Montana Hospital Association, Montana Farm Bureau Federation, Montana Education Association, Plaintiffs, v. Ed ARGENBRIGHT, in his official capacity as Commissioner of Political Practices, Defendant, and I-125 Proponents' Committee, Defendant-Intervenor. Montana Mining Association, Northwest Mining Association, Communities for a Great Northwest, Golden Sunlight Mines, Inc., Yellow Band Gold, Inc. and Continental Lime, Inc., Plaintiffs, v. Ed Argenbright, in his official capacity as Commissioner of Political Practices, and Mike Cooney, in his official capacity as Montana Secretary of State, Defendants, and I-125 Proponents' Committee, Defendant-Intervenor.

United States District Court, D. Montana, Helena Division.

November 20, 1998.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, Kimberly A. Beatty, Browning, Kakeczyc, Berry & Hoven, PC, Helena, MT, Page C. Dringman, Josephson & Fredricks, Big Timber, MT, Stephen A. Bokat, Robin S. Conrad, Nat. Chamber Litigation Center, Inc., Washington, DC, for Plaintiffs.

James M. Scheier, W.D. Hutchison, Office of the Montana Atty. Gen., Helena, MT, for Defendant.

Jonathan R. Motl, Reynolds, Motl and Sherwood, Helena, MT, John C. Bonifaz, Brenda Wright, Nat. Voting Rights Institute, Boston, MA, for League of Women Voters of Montana.

OPINION and ORDER

LOVELL, District Judge.

These two cases (hereinafter Montana Chamber and Montana Mining Ass'n, respectively) seek declaratory judgments and injunctive relief invalidating Initiative 125, and the Montana Mining Ass'n suit seeks similar relief as to Initiative 137. The court granted limited consolidation of the two cases by setting down serial trials with both cases to be tried before the court decided either, and with...

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