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RONEK v. GALLATIN COUNTY

No. 86-575.

740 P.2d 1115 (1987)

Wayne RONEK and Roger Ronek, Plaintiffs and Appellants, v. GALLATIN COUNTY, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided July 29, 1987.

Rehearing Denied August 26, 1987.

Attorney(s) appearing for the Case

Larry Jent argued, Bozeman, for plaintiffs and appellants.

Harrison, Loendorf & Poston; Stephen R. McCue argued, Helena, A. Michael Salvagni, Co. Atty., Bozeman, for defendant and respondent.

Mark Murphy, Asst. Atty. Gen., Montana County Attys. Assoc., Helena, for amicus curiae.

HARRISON, Justice.

Appellants appeal an order of the District Court of the Eighteenth Judicial District in and for Gallatin County, Montana, dismissing their complaint for failure to state a claim on which relief can be granted. We affirm.

This case arose out of a criminal prosecution in which the complaint, filed in Gallatin County justice court, charged common scheme theft in violation of § 45-6-301(2)(a)...

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