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STATE v. STATE FISH AND GAME COMMISSION

No. 11355.

438 P.2d 663 (1968)

STATE of Montana ex rel. William Sackman and Edna Sackman, Petitioners and Respondents, v. STATE FISH AND GAME COMMISSION of the State of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Rehearing Denied April 9, 1968.

Attorney(s) appearing for the Case

Brinton B. Markle, appeared, Helena, Chadwick Smith, argued, Helena, for appellants.

Daniels & Taylor, Deer Lodge, Marvin K. Daniels, argued, Deer Lodge, for respondents.

CASTLES, Justice.

This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate commanding the State Fish and Game Commission to permit one Sackman, a rancher, to kill or destroy elk to protect his property and for $2,000 damages and for attorney fees and costs. The State Fish and Game Commission and its individual members are appellants here, and will be referred to as the Commission.

Sackman operates a 400 acre cattle ranch near...

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