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BRISENDINE v. STATE, DEPT. OF COMMERCE

No. 91-218.

833 P.2d 1019 (1991)

Frank BRISENDINE, L.D., d/b/a Rocky Mountain Denture Clinic, Plaintiff and Appellant, v. The STATE of Montana, DEPARTMENT OF COMMERCE, BOARD OF DENTISTRY, Defendant and Respondent.

Supreme Court of Montana.

Decided May 21, 1991.

Attorney(s) appearing for the Case

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

Robert P. Verdon, Dept. of Commerce, Helena, for defendant and respondent.

HUNT, Justice.

Appellant Frank Brisendine, a licensed denturist, appeals from an order of the First Judicial District Court, Lewis and Clark County, dismissing appellant's complaint for declaratory and injunctive relief. We affirm.

We rephrase the issues before the Court as follows:

1. Whether the District Court erred in dismissing appellant's complaint for declaratory judgment for lack of a justiciable controversy.

2. Whether the District...

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