STATE v. DeMERS

No. 81-87.

628 P.2d 676 (1981)

STATE of Montana, Plaintiff and Appellant, v. Harold DeMERS, Jefferson County Sheriff, Defendant and Respondent.

Supreme Court of Montana.

Decided June 2, 1981.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Patrick F. Flaherty, County Atty., Boulder, for plaintiff and appellant.

Gene Picotte, Clancy, for defendant and respondent.


HASWELL, Chief Justice.

In an action by the State against the Jefferson County sheriff seeking treble damages for receiving prohibited fees, the District Court granted defendant sheriff summary judgment. The State appeals. We affirm.

The salient facts disclose that on January 20, 1981, the Jefferson County attorney filed a complaint in the name of the State of Montana against the Jefferson County sheriff, alleging...

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