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STATE EX REL. PALMER v. HART

No. 82-28.

655 P.2d 965 (1982)

STATE of Montana ex rel. Robert PALMER and Germaine Conrad, Petitioners and Respondents, v. Fern HART, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Robert L. Deschamps, III, County Atty., argued, Nancy K. Moe argued Missoula, for respondents and appellants.

Cummings Law Firm, Edward A. Cummings argued, Missoula, Moses Law Firm, Charles F. Moses argued, Billings, for petitioners and respondents.

HASWELL, Chief Justice.

Appellants, the Clerk and Recorder and the Elections and Recording Supervisor of Missoula County, appeal from an order of the Missoula County District Court in which they were permanently enjoined from holding an election to recall respondents Palmer and Conrad. We affirm the decision of the District Court.

Respondents Conrad and Palmer are the duly elected and acting County Commissioners of Missoula County. Conrad was sworn into office...

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