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HARVEY v. BLEWETT

No. 11282.

443 P.2d 902 (1968)

John F. HARVEY, Plaintiff and Respondent, v. Alex BLEWETT, Jr., S.M. Halvorson, J.M. Nass, Arnold M. Swanson and Dallas Van Delinder, as members of and constituting the Montana State Highway Commission; and Henry Anderson, Treasurer of the State of Montana, Defendants and Respondents. STATE FISH AND GAME COMMISSION, Defendant and Appellant, v. Mary ARNOLD et al., Intervenors.

Supreme Court of Montana.

Decided July 25, 1968.

Attorney(s) appearing for the Case

Brinton Markle, Chadwick H. Smith, argued, Helena, for appellant.

Donald D. MacPherson, Lloyd J. Skedd, Helena, Patrick F. Hooks, argued, Townsend, for respondents.

CASTLES, Justice.

This is an appeal brought by defendant and appellant, State Fish and Game Commission, hereinafter referred to as the State, from a judgment entered for plaintiff Harvey. The judgment declares unconstitutional certain legislation enacted by the legislature in 1963, Chapters 223 and 224, Laws of 1963; and in 1965, section 7, Chapter 69, section 1, Chapter 248, and section 4-301 of Chapter 197, Laws of 1965.

The legislation generally provides...

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