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GALLATIN COUNTY v. D & R MUSIC & VENDING

No. 82-153.

654 P.2d 998 (1982)

GALLATIN COUNTY, a political subdivision of the State of Montana, Plaintiff and Appellant, v. D & R MUSIC AND VENDING, INC., a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 9, 1982.

Attorney(s) appearing for the Case

Marc Racicot, argued, Asst. Atty. Gen., County Prosecutor Services, Helena, Donald White, County Atty., Bozeman, for plaintiff and appellant.

Harrison, Loendorf & Poston, John Poston, argued, Helena, Goetz, Madden & Dunn, James Goetz, argued, Wellcome & Frost, Bozeman, for defendant and respondent.

MORRISON, Justice.

On December 30, 1981, a peremptory writ of mandamus was issued by the Eighteenth Judicial District Court ordering the Sheriff and County Commissioners of Gallatin County to immediately accept D & R Music and Vending's and CM Lounge's applications for licenses to operate Keno games and to issue such licenses if the applications were in order. Gallatin County now appeals the writ of mandamus and accompanying findings of fact and conclusions of...

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