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STATE EX REL. RACICOT v. DISTRICT COURT

No. 90-421.

798 P.2d 1004 (1990)

STATE of Montana, ex rel. Marc Racicot, Attorney General for the State of Montana, Relators, v. The DISTRICT COURT OF the SEVENTH JUDICIAL DISTRICT OF the STATE OF MONTANA, In and For the COUNTY OF DAWSON, and the Honorable H. R. Obert, District Judge, Respondents.

Supreme Court of Montana.

Decided September 19, 1990.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Elisabeth S. Baker, Asst. Atty. Gen., Garth Jacobson, Sp. Asst. Atty. Gen., Helena, for relators.

Richard A. Simonton & Lorraine A. Schneider, Simonton, Howe & Schneider, Glendive, for respondents.

SHEEHY, Justice.

Richard A. Simonton, after years of estimable public service as County Attorney of Dawson County, was defeated in his bid for re-nomination as a candidate of the Democratic party by Gerald Navratil in the primary election held on June 5, 1990.

On July 23, 1990, Simonton and Lorraine A. Schneider filed a complaint for declaratory relief in the District Court, Seventh Judicial District, Dawson County, alleging that § 13-10-503, MCA, barred...

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