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STATE EX REL. MILLER v. MURRAY

No. 14623.

600 P.2d 1174 (1979)

The STATE of Montana on the relation of Lynn MILLER, Individually and as Chairman of the Tax Relief Association, Plaintiffs and Relators, v. Frank MURRAY, Montana Secretary of State, and the County Clerk of Recorders, et al., Respondents and Defendants.

Supreme Court of Montana.

Decided October 2, 1979.

Attorney(s) appearing for the Case

Petaja, Jacques & Smoyer, Charles E. Petaja argued, Leo J. Gallagher argued, Helena, for plaintiffs and relators.

Mike Greely, Atty. Gen., Mike McGrath argued, Asst. Atty. Gen., Helena, Richard P. Heinz, County Atty., argued, Polson, Patrick F. Flaherty, County Atty., Mark Murphy, Deputy County Atty., argued, Boulder, Charles Graveley, County Atty., Helena, Denzil R. Young, County Atty., Baker, John T. Flynn, County Atty., Townsend, for respondents and defendants.

SHEEHY, Justice.

Lynn Miller appeals from an order of the Lewis and Clark County District Court, denying a request for a declaratory judgment interpreting section 13-27-103, MCA, and instructing the respondents to certify and accept certain signatures which appear on petitions supporting relators' proposed initiative. Miller also appeals from the same order granting respondents' motion to quash relators' alternative request for a writ of mandate compelling the respondents...

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