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BUTTE COMMUNITY UNION v. LEWIS

No. 85-449.

712 P.2d 1309 (1986)

BUTTE COMMUNITY UNION, et al., Plaintiffs and Respondents, v. Dave LEWIS, as Director of the Montana State Department of Social and Rehabilitation Services, Defendant and Appellant.

Supreme Court of Montana.

Decided January 16, 1986.

Attorney(s) appearing for the Case

Russell E. Cater, argued, Sp. Asst. Atty. Gen., SRS, Michael S. Becker, argued, Sp. Asst. Atty. Gen., Helena, for defendant and appellant.

James Goetz, argued, Bozeman, Russell A. LaVigne, Jr., Montana Legal Services, Helena, Peggy Verberg, Robert L. Deschamps, Missoula Co. Atty., Missoula, for plaintiffs and respondents.

James P. Reynolds, Helena, Butte Ministerial Ass'n, City of Anaconda, City of Walkerville, International Union of Operating Engineers, Local 375, Butte, Women's Lobbyist fund, Robert Hayes, New York City, National Coalition for the Homeless, Gough, Shanahan, Johnson & Waterman, Joseph P. Mazurek, Helena, Montana Catholic Conference, Helena, for amicus curiae.

MORRISON, Justice.

The District Court of the First Judicial District issued a preliminary injunction enjoining Dave Lewis, Director of Montana's Department of Social and Rehabilitation Services (SRS), from implementing certain provisions of House Bill 843 (Chapter No. 670, 1985 Mont. Laws). Lewis appeals. We affirm the issuance of the preliminary injunction and issue a permanent injunction for the same purpose.

In response to a complaint filed by Butte Community...

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