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CARKULIS v. DOE

No. 12548.

521 P.2d 1305 (1974)

Theodore CARKULIS, Director of the Department of Social and Rehabilitation Services of the State of Montana, Petitioner, v. John DOE, Individually and on behalf of all other similarly situated, Respondents.

Supreme Court of Montana.

Decided May 7, 1974.

Attorney(s) appearing for the Case

Thomas H. Mahan, argued, Helena, for petitioner.

Steven L. Bunch, argued, Nick A. Rotering appeared, Neal Haight appeared, Helena, for respondents.

James B. Wheelis, Missoula, amicus curiae.

JOHN C. HARRISON, Justice.

This is an original proceeding brought by the director of the Department of Social and Rehabilitation Services for the purpose of obtaining a declaratory judgment under Title 93, Chapter 89, R.C.M. 1947. Petitioner requests this Court to declare H.B. 60 of the Forty-third Legislative Assembly unconstitutional. The named respondent, a property owner of Lewis and Clark County, appears individually and on behalf of others similarly situated...

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