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BARTHELMESS v. BERGERSON

No. 85-166.

708 P.2d 1010 (1985)

Bob BARTHELMESS, Plaintiff and Respondent, v. Bruce K. BERGERSON, Sr., Ted Hirsch, and Maurice E. Fleming, as County Commissioners of Custer County, Montant; and Custer County, Montana, a body politic and corporate, Defendants and Appellants. Tonia R. STRATFORD, Contestant-Appellant, v. Bob BARTHELMESS, Contestee-Respondent.

Supreme Court of Montana.

Decided November 6, 1985.

Attorney(s) appearing for the Case

Keith D. Haker, Co. Atty., J. Dennis Corbin, Deputy Co. Atty., Brown & Huss; George W. Huss, Miles City, for appellants.

Lucas & Monaghan; James P. Lucas, Miles City, for respondent.

HARRISON, Justice.

This is an appeal from an order of the District Court, Sixteenth Judicial District, Custer County, Montana. Following a bench trial the court found the Custer County Commissioners had not drawn the proposed new commission district boundaries as compactly and as equal in area as possible in violation of § 7-4-2102, MCA; that the proposed new districts are void and the prior commissioner districts remain valid; and that Bob Barthelmess be declared...

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