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McPHAIL v. MONTANA BD. OF PSYCHOLOGISTS, ETC.

No. 81-51.

640 P.2d 906 (1982)

Archie W. McPHAIL, Plaintiff and Appellant, v. MONTANA BOARD OF PSYCHOLOGISTS OF the Montana DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL LICENSING, State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Scribner, Huss & Hjort, Barry Hjort, argued, Helena, for plaintiff and appellant.

Daniel G. Diemert, argued, Helena, for defendants and respondents.

SHEA, Justice.

Plaintiff (and appellant) Archie W. McPhail, filed an action in District Court, Lewis and Clark County, asking the court to declare invalid a rule promulgated by the Montana Board of Psychologists, and asking that the court order the board to issue him a license to practice psychology. On appeal, McPhail contends that a rule adopted and applied by the board engrafts an additional requirement on the psychologist licensure statutes that was not envisioned...

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