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STATE, BD. OF DENTISTRY v. KANDARIAN

No. 90-228.

813 P.2d 409 (1991)

STATE of Montana, BOARD OF DENTISTRY, Plaintiff, Respondent and Cross-Appellant, v. R. Brent KANDARIAN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 4, 1991.

Rehearing Denied August 1, 1991.

Attorney(s) appearing for the Case

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, for defendant and appellant.

I. James Heckathorn, Murphy, Robinson, Heckathorn & Phillips, Kalispell, John H. Maynard, Dept. of Admin., Helena, for plaintiff, respondent and cross-appellant.

HUNT, Justice.

The Eleventh Judicial District Court, Flathead County, granted the State of Montana, Board of Dentistry's, motion for summary judgment on the issue of immunity, and denied its motion to vacate a previous order granting summary judgment against it on the issue of injunctive relief. Both parties appeal.

We reverse on the issue of immunity and affirm on the issue of injunctive relief.

We will address two issues on appeal:

1. Is...

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