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STATE EX REL. DEPT. OF H. & E.S. v. CITY OF LIVINGSTON

No. 13125.

548 P.2d 155 (1976)

STATE of Montana ex rel. DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES, Plaintiff and Appellant, v. CITY OF LIVINGSTON, COUNTY OF PARK, State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Richard D. Klinger (argued), A. Michael Salvagni, Helena, for plaintiff and appellant.

Robert L. Jovick (argued), Livingston, for defendant and respondent.

HASWELL, Justice.

The State of Montana filed a civil action against the City of Livingston in the district court, Park County, seeking recovery of a monetary penalty and a compliance order from the court for alleged violations of Montana's Water Pollution Act, Title 69, Chapter 48, R.C.M. 1947. The City moved to dismiss the complaint for failure to state a claim. The district court granted summary judgment in favor of the City. The State appeals.

According...

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