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SCHOOL DIST. NO. 12, PHILLIPS COUNTY v. HUGHES

No. 13078.

552 P.2d 328 (1976)

SCHOOL DISTRICT NO. 12, PHILLIPS COUNTY, Montana, Plaintiff and Appellant, v. Dolores HUGHES, County Superintendent of Schools of Phillips County, Montana, and Dolores Colburg, Superintendent of Public Instruction of the State of Montana, Defendants and Respondents, and Montana Education Association and V.M. Johnson, Intervenors.

Supreme Court of Montana.

Decided July 21, 1976.

Attorney(s) appearing for the Case

Smith Law Firm, Helena, Chadwick H. Smith, argued, Helena, for plaintiff and appellant.

Carroll Blend, argued, Great Falls, Robert L. Woodahl, Atty. Gen., Helena, Donald D. Cole, County Atty., Malta, for defendants and respondents.

Hilley and Loring, Great Falls, Emilie Loring, argued, Great Falls, for intervenors.

PER CURIAM:

This appeal is from amended findings of fact, conclusions of law and judgment of the district court, Lewis and Clark County, wherein the district court ruled sections 75-6107, 75-5811 and 75-5709, R.C.M. 1947 are "not unconstitutional when construed in accordance with the preceding findings of fact."

Two issues are presented for review:

1. Whether the last two sentences of section 75-6107 and all of sections 75-5811 and 75-5709 are in violation...

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