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STATE, DEPT. OF LIVESTOCK v. SAND HILLS BEEF

No. 80-350.

639 P.2d 480 (1981)

STATE of Montana, DEPARTMENT OF LIVESTOCK, Petitioner and Appellant, v. SAND HILLS BEEF, INC., Respondent and Respondent.

Supreme Court of Montana.

Decided December 21, 1981.

Rehearing Denied February 1, 1982.

Attorney(s) appearing for the Case

James E. Seykora, Sp. Asst. Atty. Gen., Hardin, for petitioner and appellant.

Holmstrom, Dunaway & West, Billings, for respondent and respondent.

SHEA, Justice.

The Department of Livestock (Department) appeals from a judgment of the Yellowstone County District Court which ruled that the Department could not recover against Sand Hills Beef, Inc. for its claimed outbreak of scabies, and for supervising the cattle dipping. The issues turn on an interpretation of section 81-2-109, MCA, which permits expenses to be recovered by the Department, but which does not set out the particular expenses recoverable. For reasons...

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