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PLOUFFE v. DPHHS

No. 00-193.

45 P.3d 10 (2002)

2002 MT 64

Douglas L. PLOUFFE and Roger F. Ereaux, Plaintiffs and Appellants, v. MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Environmental Quality, and John Does 1 Through 20, Defendants and Respondents.

Supreme Court of Montana.

Decided April 2, 2002.

Attorney(s) appearing for the Case

James P. Molloy, Hunt & Molloy, Helena, Montana; Theodore K. Thompson, Havre, Montana, For Appellants.

Roger T. Witt, Ugrin, Alexander, Zadick & Higgins, Great Falls, Montana, For Respondents.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Douglas L. Plouffe and Roger F. Ereaux appeal the dismissal by the Seventeenth Judicial District Court of their action for malicious prosecution regarding alleged violations of health and safety regulations at Sleeping Buffalo Hot Springs Resort by the Montana Department of Public Health and Human Services and Department of Environmental Quality. We remand for trial on the merits.

¶...

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