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MONTANA CHILDREN'S HOME v. DEPT. OF SOC. & REHAB. SERV.

No. 14041.

592 P.2d 481 (1979)

MONTANA CHILDREN'S HOME AND HOSPITAL and St. Peter's Hospital, Plaintiffs and Respondents, v. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, an administrative agency of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided March 16, 1979.

Rehearing Denied April 12, 1979.

Attorney(s) appearing for the Case

Joan Uda argued, Helena, for defendant and appellant.

Hughes, Bennett & Cain, John F. Sullivan argued, Helena, Luxan, Murfitt & Davis, Gary L. Davis argued, Helena, for plaintiffs and respondents.

DALY, Justice.

Montana Children's Home and Hospital (Shodair) and St. Peter's Hospital, plaintiffs and respondents, sought a declaratory judgment in the District Court of the First Judicial District with respect to their rights under certain contracts between the hospitals and the Department of Social and Rehabilitation Services (SRS), defendant and appellant. The District Court granted SRS's motion to dismiss on August 19, 1976, but reconsidered and withdrew its...

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