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STATE, ETC. v. DISTRICT COURT, ETC.

No. 81-40.

632 P.2d 318 (1981)

STATE of Montana, upon the Relation of FLORENCE-CARLTON CONSOLIDATED SCHOOLS DISTRICT 15 & 6 et al., Petitioners, v. DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, in and For the County of Lewis & CLARK et al., Respondents.

Supreme Court of Montana.

Decided August 3, 1981.

Attorney(s) appearing for the Case

Herron, Meloy & Llewellyn, Clayton Herron argued, Peter Meloy argued, Helena, for petitioners.

Bellingham & Christenson, Billings, Cresap McCracken argued, Great Falls, Bruce T. Toole argued, Billings, John North, Helena, Robert Gannon, Butte, Thomas E. Ebzery, Billings, Murphy, Robinson Law Firm, Kalispell, Gregory C. Black, Butte, Alan Hux and Carol Dunn, Indianapolis, Ind., Hon. John Henson, District Judge, Missoula, for respondents.

DALY, Justice.

This action was commenced in the District Court of the First Judicial District, in and for the County of Lewis and Clark, by complaint for declaratory judgment on August 31, 1979. On March 20, 1980, an amended complaint, adding necessary parties and deleting parties deemed unnecessary to this action, was filed. Plaintiffs-relators filed a motion for leave to file a second amended complaint on June 18, 1980. Prior to any action of the court regarding...

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