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HOLTZ v. BABCOCK

No. 10536.

390 P.2d 801 (1963)

Larry Lewis HOLTZ, Plaintiff and Appellant, v. Tim BABCOCK, Governor of the State of Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided March 19, 1964.

Attorney(s) appearing for the Case

Leif Erickson and Jerrold Richards, Helena, Leif Erickson (argued), Helena, Jerrold Richards, Helena, for appellant.

Henry Loble and Gene A. Picotte, Helena, Gene A. Picotte and Kenneth Beyer (argued), Helena, for respondents.

JAMES T. HARRISON, Chief Justice.

In this cause both appellant and respondents have filed petitions for rehearing, it being contended that our decision is either in conflict with an express statute or controlling decision to which the attention of the court was not directed, or that material facts were overlooked by the court.

We shall first discuss the contentions raised by the respondents. It is their assertion that under subdivision 3 of section 93-501...

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