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BELL v. DEPT. OF LICENSING

No. 14026.

594 P.2d 331 (1979)

David Lee BELL et al., Petitioner and Respondent, v. DEPARTMENT OF LICENSING et al., Respondents and Appellants.

Supreme Court of Montana.

Decided April 30, 1979.

Attorney(s) appearing for the Case

Alan Joscelyn (argued), Helena, for appellants.

Dennis Lind (argued), Missoula, for respondents.

SHEEHY, Justice.

The Montana Board of Barbers and the Department of Professional and Occupational Licensing appeal from an adverse decision entered August 15, 1977, in the District Court, Lewis and Clark County by the Hon. Gordon R. Bennett sitting without a jury. Judge Bennett's decision invalidated section 40-3.18(6)-S18030(2)(e) of the Montana Administrative Code on the grounds that it was in excess of the Board's power and was therefore void and unenforceable...

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