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ROSE v. McCORMICK

No. 92-021.

834 P.2d 1377 (1992)

William Newton ROSE, PLAINTIFF and Appellant, v. Jack McCORMICK, Warden Montana State Prison, Defendant and Respondent.

Supreme Court of Montana.

Decided May 12, 1992.

Attorney(s) appearing for the Case

William Newton Rose, pro se.

James B. Obie and David L. Ohler, Department of Corrections and Human Services, Helena, for Respondent.

TURNAGE, Chief Justice.

William Newton Rose (Rose) appeals a September 13, 1991 opinion and order of the Third Judicial District, Powell County, which dismissed his petition for declaratory judgment requesting that he be designated a nondangerous offender for parole eligibility purposes. We affirm.

We rephrase the issues presented on appeal as follows:

Did the District Court err when it determined that Rose could not be designated as nondangerous and...

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