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KOTAR v. ZUPAN

No. 82-339.

658 P.2d 1095 (1983)

Ronald J. KOTAR, Brian C. Roat, James E. Moore, II, and Ted J. Day, Plaintiffs and Respondents, v. Tony ZUPAN and Barbara Thormahlen, Paula Rowley, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Lynaugh, Fitzgerald & Hingle, William P. Fitzgerald, argued, Billings, Alan Chase, County Atty., Red Lodge, for defendants and appellants.

Ayers & Alterowitz, Arthur W. Ayers, Jr. argued, Red Lodge, for plaintiffs and respondents.

WEBER, Justice.

This action arose on August 5, 1982, when plaintiffs, who are public officials of the City of Red Lodge, filed an action to enjoin defendants Tony F. Zupan, Clerk and Recorder of Carbon County, and Barbara Thormahlen, Election Administrator of Carbon County, from holding a recall election. Sixteen electors of the City of Red Lodge were allowed to intervene as defendants. A hearing was held on August 25, 1982...

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