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RAYNES v. CITY OF GREAT FALLS

No. 84-165.

696 P.2d 423 (1985)

William A. RAYNES, Plaintiff and Appellant, v. CITY OF GREAT FALLS, and G. Allen Johnson, Individually, Defendants and Respondents.

Supreme Court of Montana.

Decided February 20, 1985.

Attorney(s) appearing for the Case

Clary & Clary, Thomas H. Clary, Great Falls, for plaintiff and appellant.

David V. Gliko, City Atty., Dzivi, Conklin & Nybo, William Conklin, Great Falls, for defendants and respondents.

HARRISON, Justice.

This is an appeal from a declaratory judgment of the District Court of the Eighth Judicial District, State of Montana, County of Cascade, whereby the District Court held that the proper party to review the decision of the Police Commission was the City Manager rather than the City Mayor, section 7-32-4153, MCA.

Two issues are presented for consideration.

1. Did the District Court err in concluding that the City Manager, rather than...

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