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STATE v. STATE FISH & GAME COMMISSION

No. 10179.

365 P.2d 942 (1961)

STATE of Montana ex rel. George W. HOLLIBAUGH, Plaintiff and Appellant, v. STATE FISH AND GAME COMMISSION of the State of Montana; Ralph D. Shipley, H. W. Black, John T. Hanson, Sr., William T. Sweet and E. J. Skibby, as Members of and constituting the State Fish and Game Commission of the State of Montana; W. J. Everin, as State Fish and Game Director, of the State of Montana; and Gene H. Sherman, as District Supervisor for the State Fish and Game Commission of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

September 14, 1961.

Attorney(s) appearing for the Case

Seth F. Bohart (argued orally), Keister & Bennett, Lyman H. Bennett (argued orally), Bozeman, for appellant.

Lloyd J. Skedd (argued orally), Helena, for respondents.

CASTLES, Justice.

This is an appeal from the district court for Gallatin County which had dismissed relator's petition for a writ of mandate to restore him to the position of State Fish and Game Warden of the State of Montana.

At the time this controversy arose, relator, appellant here, was a State Fish and Game Warden stationed in Bozeman. After the regular 1958 deer hunting season had been closed, the Fish and Game Commission, hereinafter referred to as...

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