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DOE v. COLBURG

No. 13426.

555 P.2d 753 (1976)

John DOE, a minor, by Lawrence H. Sverdrup, his guardian ad Litem, Plaintiff and Respondent, v. Dolores COLBURG, Superintendent of Public Instruction and the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided October 19, 1976.

Rehearing Denied November 10, 1976.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Lon J. Maxwell, Asst. Atty. Gen., Helena, argued, W. Corbin Howard appeared, Helena, for appellants.

Williams & Sverdrup, Lawrence H. Sverdrup argued, Libby, for respondent.

JOHN C. HARRISON, Justice.

This appeal comes from an order and judgment of the district court, Lincoln County, ordering the state superintendent of public instruction to provide funds to treat respondent, an emotionally disturbed child, out of special education monies.

The matter was submitted to the district court on an agreed statement of facts and issues.

The minor involved was a 15 1/2 year old male at the time of the order of May 19, 1976. His...

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