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SIGETY v. STATE BOARD OF HEALTH

No. 11970.

482 P.2d 574 (1971)

Leo H. SIGETY and Louis J. Eich, Plaintiffs and Respondents, v. STATE BOARD OF HEALTH of the State of Montana, and Mrs. O.H. Mann, Dr. R. D. Knapp, John W. Bartlett, Dr. George H. Gould, Dr. Richard C. Ritter, Dr. Edwin C. Segard, and Mrs. John C. Sheehy, as members of and constituting the State Board of Health of the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Submitted February 11, 1971.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Charles H. Dickman, Asst. Atty. Gen. (argued) Helena, for defendants and appellants.

Jerome T. Loendorf (argued) Helena, George Padbury, Jr., Helena, for plaintiffs and respondents.

FRANK E. BLAIR,* District Judge.

Defendants appeal from a declaratory judgment of the district court of Lewis and Clark County, the Honorable Victor H. Fall, district judge, holding unconstitutional the "Dredge Mining Regulation and Land Preservation Act", Chapter 123, Session Laws of 1969.

The sole question on this appeal is whether Chapter 123 of the Session Laws of the Forty-first Legislative Assembly, 1969, Title 50, Chapter...

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