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SPOKLIE v. MONTANA

No. 03-35857.

411 F.3d 1051 (2005)

Robert SPOKLIE, Individually; Spoklie Enterprises, L.L.C., a Montana Limited Liability Company; Kim J. Kafka, Esq.; Cindy R. Kafka, individually, and as husband and wife, and as members of Diamond K Ranch Enterprises, L.L.C.; Diamond K Ranch Enterprises, LLC, a Montana Limited Liability Company, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. State of MONTANA; State of Montana, Department of Fish, Wildlife and Parks; Jeff Hagener, Director of the Montana Department of Fish, Wildlife and Parks, in his individual capacity, Defendants-Appellees. Sportsmen for I-143, Montana Wildlife Federation, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2005.

Attorney(s) appearing for the Case

John E. Bloomquist and Suzanne Taylor, Doney Crowley Bloomquist UDA, Helena, MT, for Plaintiffs-Appellants.

Robert N. Lane, Fish Wildlife & Parks, Helena, MT, Mike McGrath, Office of the Attorney General, Helena, MT, for Defendants-Appellees.

Sarah K. McMillan, Tuholske Law Office, Missoula, MT, for Intervenor-Appellee.

Before: ALARCÓN, W. FLETCHER, and RAWLINSON, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Appellants Kim J. and Cindy R. Kafka, Diamond K Ranch Enterprises L.L.C., Robert Spoklie, and Spoklie Enterprises L.L.C. challenge a Montana ballot initiative, Proposition I-143, on federal and state constitutional grounds. We affirm the district court's denial of a motion to stay proceedings in the federal court pursuant to Railroad Commission of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct...

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