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CABINET RESOURCE v. MONT. DEPT. OF STATE LANDS

No. 80-96.

616 P.2d 310 (1980)

CABINET RESOURCE GROUP, a Montana Non-profit Corporation, Montana Wilderness Association, a Montana Non-profit Corporation, Plaintiffs and Respondents, v. MONTANA DEPARTMENT OF STATE LANDS, Montana Department of Health, and ASARCO, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided August 25, 1980.

Rehearing Denied September 25, 1980.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Kalispell, John L. Neff, Spokane, Hughes, Bennett, Kellner & Sullivan, John F. North, Dept. of State Lands, Mona Jamison, Dept. of Health, Helena, for defendants and appellants.

Morrison Law Offices, Missoula, Goetz & Madden, Bozeman, for plaintiffs and respondents.

DALY, Justice.

Plaintiffs brought this amended action in the District Court, Lewis and Clark County, seeking a writ of mandamus and declaratory judgments against the Montana Department of State Lands (DSL) and the Montana Department of Health and Environmental Sciences (DHES). Several motions were filed by defendants, including a motion filed by defendant ASARCO, Inc., to change venue from Lewis and Clark County to Lincoln County. On January 28, 1980, the Honorable...

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