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DeMASTERS v. STATE OF MONT.

No. CV 86-6-H-CCL.

656 F.Supp. 21 (1986)

Ronnie DeMASTERS, Plaintiff, v. STATE OF MONTANA; Montana Department of Fish, Wildlife and Parks; James W. Flynn, Director, Montana Department of Fish, Wildlife and Parks; Montana Fish and Game Commission; Spencer S. Hegstad; Don Bailey; Dan Oakland; Jim Olson; and Robert Jensen, the individual Commissioners thereof, Defendants.

United States District Court, D. Montana, Helena Division.

February 7, 1986.

Attorney(s) appearing for the Case

John P. Atkins, Bryan & Atkins, Bozeman, Mont., for plaintiff.

Robert Lane, Stan Bradshaw, Montana Department of Fish, Wildlife & Parks, Helena, Mont., for defendants.

MEMORANDUM AND ORDER

LOVELL, District Judge.

Do Montanans, acting through their duly elected state government, have the right to grant unlimited elk hunting licenses to Montana residents (approximately 90,000 annually) while restricting yearly nonresident elk hunting licenses to 17,000 — or does this disparate treatment violate the rights of nonresident hunter applicants under the United States Constitution?

This is the issue raised by plaintiff...

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