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ASSOCIATED PRESS v. STATE

No. 91-475.

820 P.2d 421 (1991)

The ASSOCIATED PRESS; Bigfork Eagle; Billings Gazette; Bozeman Daily Chronicle; Butte Montana Standard; Carbon County News; Great Falls Tribune; Hamilton Ravalli Republic; Havre Daily News; Helena Independent Record; Hungry Horse News; Kalispell Daily Inter Lake; KECI-TV, Missoula; KFBB-TV, Great Falls; KPAX-TV, Missoula; KRTV-TV, Great Falls; KTVQ-TV, Billings; KULR-TV, Billings; KXLF-TV, Butte; Lewistown News-Argus; Livingston Enterprise; Miles City Star; Missoula Missoulian; Montana Broadcasters Association; and Montana Newspaper Association; Plaintiffs, v. The STATE of Montana, Defendant.

Supreme Court of Montana.

October 29, 1991.

Attorney(s) appearing for the Case

James P. Reynolds, Reynolds, Motl, Sherwood & Wright, for appellants.

Marc Racicot, Atty. Gen., Clay Smith, Solicitor, for respondents.

Michael J. Sherwood, Missoula, for amicus curiae.

OPINION AND ORDER

On September 30, 1991, the plaintiff news organizations filed with this Court an application for writ of supervisory control, injunction pendente lite, and declaratory relief. They allege that § 46-11-701(6), MCA, is an unconstitutional deprivation of the public's right to know as guaranteed by Article II, section 9, of the Montana Constitution. The Attorney General has filed a written response...

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