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STATE v. DUNCAN

No. 14141.

593 P.2d 1026 (1979)

The STATE of Montana, Plaintiff and Respondent, v. Norman B. DUNCAN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 19, 1979.

Rehearing Denied May 16, 1979.

Attorney(s) appearing for the Case

Berg, Angel, Andriolo & Morgan, Bozeman, Richard J. Andriolo appeared, Bozeman, Pickard & Singleton, Sante Fe, N.M., Lynn Pickard argued, Sante Fe, N.M., Marchiondo & Berry, Albuquerque, N.M., for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Charles E. Erdmann appeared, Asst. Atty. Gen., Helena, Donald E. White, County Atty., argued, Bozeman, Thomas J. Beers, Deputy County Atty., argued, Missoula, for plaintiff and respondent.

SHEEHY, Justice.

Defendant Norman Duncan appeals from his conviction following a nonjury trial in the District Court, Gallatin County, of deceptive practices and the sale of unregistered securities.

Defendant was president of Smart Pak, Inc., of Montana, which produced and marketed a dry granulated charcoal lighter (Smart Start) and a combination package of Smart Start and charcoal briquettes (Smart Pak). Smart Pak, Inc., was one of five corporations set up...

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