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LEWIS v. CATHOLIC SOCIAL SERVICES

No. 91-476 and No. 91-508.

833 P.2d 1023 (1992)

James LEWIS and Theresa Sather, Relators, Petitioners and Appellants, v. CATHOLIC SOCIAL SERVICES FOR MONTANA, Respondents and Respondents.

Supreme Court of Montana.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Linda J. Garofola and David K.W. Wilson, Jr., Reynolds, Motl, Sherwood & Wright, Helena, for relators, petitioners and appellants.

William P. Driscoll and Michael S. Lattier, Gough, Shanahan, Johnson & Waterman, Helena, for respondents and Respondents.

McDONOUGH, Justice.

This is an appeal from an order of the First Judicial District, Lewis and Clark County, denying petitioners' request for a preliminary injunction. Inasmuch as the issues are the same in relators' petition for supervisory control, the petition for supervisory control is hereby dismissed.

We frame the issue as follows: Whether the District Court erred in determining § 40-8-108, MCA (1991), barred the foster parents from contesting the...

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