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STATE EX REL. BOESE v. WALTERMIRE

No. 86-383.

730 P.2d 375 (1986)

STATE of Montana, ex rel., Robert BOESE, Petitioner and Relator, v. Jim WALTERMIRE, Secretary of State, State of Montana, Defendant, and The Consumer Committee To Decontrol Milk Prices In Montana, Real Party in Interest.

Supreme Court of Montana.

Decided December 10, 1986.

Attorney(s) appearing for the Case

Linnell, Newhall & Martin, Kevin C. Meek, Great Falls, for petitioner and relator.

Mike Greely, Atty. Gen., Helena, Elwood English, Secretary of State's, Helena, for defendant.

Michael D. Cok, Bozeman, for Consumer Committee to Decontrol Milk Prices.

Steve McGregor, pro se.

WEBER, Justice.

Petitioner asked this Court to declare Initiative 104 (the Milk Decontrol Initiative) void and invalid, and to enjoin the Secretary of State from allowing it to appear on the November 1986 ballot. In an order signed October 2, 1986, we denied petitioner's request. This opinion explains the reasoning behind that order.

The issues are:

1. Does petitioner have standing to bring this action?

2. Does the title to Initiative 104 clearly...

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