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STATE v. STATE FISH AND GAME COMMISSION

No. 11341.

437 P.2d 373 (1968)

The STATE of Montana ex rel. Wilbur D. VISSER and Jake Kroon, Plaintiffs and Respondents, v. The STATE FISH AND GAME COMMISSION of the State of Montana and Frank Dunkel as Director of the State Fish and Game, Defendants and Appellants.

Supreme Court of Montana.

Decided February 5, 1968.

Attorney(s) appearing for the Case

Chadwick Smith (argued), Helena, McKinley Anderson, Bozeman, for appellants.

Lyman H. Bennett, Jr. (argued), Bozeman, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment entered upon findings of fact and conclusions of law finding that the defendant appellant, State Fish and Game Commission, wrongfully confiscated and sold two elk belonging to plaintiffs and also, from a peremptory writ of mandate which issued, ordering the Commission to pay to plaintiffs the reasonable value of such elk and reasonable attorney's fees. The lower court proceedings were held in the district...

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