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GILPIN v. STATE

No. 91-043.

812 P.2d 1265 (1991)

Sarah Elizabeth GILPIN and Gary Gilpin, d/b/a Betty's Day Care, Plaintiffs and Appellants, v. STATE of Montana; Department of Family Services of the State of Montana; Hank Hudson, Acting Director; Pat Bergstrom, Community Social Worker Supervisor; Lorri Clark, Community Social Worker II; Marsha Brunett, Community Social Worker Supervisor; Linda Walker, Regional Administrator; and Jane Doe, Social Worker, Defendants and Respondents.

Supreme Court of Montana.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Barbara E. Bell, Bell & Marra, Great Falls, for plaintiffs and appellants.

Ann Gilkey, Dept. of Family Services, Helena, for defendants and respondents.

WEBER, Justice.

The Gilpins initiated this suit for damages for temporary suspension of their day care license by the Department of Family Services. Following a hearing, the District Court for the Eighth Judicial District, Cascade County, dismissed the Gilpins' claim. The Gilpins appeal. We affirm.

The dispositive issue presented is whether the District Court erred in dismissing the Gilpins' claim on the grounds that the District Court lacked jurisdiction...

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