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NICK v. MONTANA DEPT. OF HIGHWAYS

No. 84-245.

711 P.2d 795 (1985)

Rodney NICK, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF HIGHWAYS, Gary Wicks as Director, Russell Wrigg, an Administrator of Division Motor Pool Equipment Defendants and Respondents.

Supreme Court of Montana.

Decided December 27, 1985.

Attorney(s) appearing for the Case

John L. Hollow, argued, Helena, for plaintiff and appellant.

Roy Andes, argued, Agency Legal Services, Jack Holstrom, argued, Helena, for defendants and respondents.

GULBRANDSON, Justice.

Rodney Nick, a disabled veteran, appeals an order of the District Court, of the First Judicial District, Lewis and Clark County, granting the State's motion for judgment on the pleadings. The District Court found that the veterans' preference was a gratuity, repealable or amendable at any time, rather than a constitutionally protected property right; that the retroactive repealer in the newer statute did not require a two-thirds vote by the Legislature...

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