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CAIN v. DEPARTMENT OF HEALTH, ETC.

No. 14040.

582 P.2d 332 (1978)

Jack CAIN, Petitioner and Respondent, v. The DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES et al., Respondents and Appellants.

Supreme Court of Montana.

Decided July 24, 1978.

Rehearing Denied August 24, 1978.

Attorney(s) appearing for the Case

Eleanor A. Parker, argued, Helena, Douglas B. Olson, Sp. Asst. Atty. Gen., Helena, for respondents and appellants.

Brown, Pepper & Kommers, Bozeman, Gene I. Brown, argued, Bozeman, James Beck, Highway Legal Dept., Helena, for petitioner and respondent.

HASWELL, Chief Justice.

The Department of Health and Environmental Sciences (DOH) appeals from a judgment entered in the District Court of Gallatin County which mandated issuance of a license from DOH for petitioner's junkyard business. The Department of Highways and the other respondents did not appeal from the judgment.

In April 1976, petitioner was charged in the Gallatin County Justice Court with operating a motor vehicle wrecking facility without having...

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