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REMINGTON v. DEPT. OF CORR. & HUMAN SERV.

Nos. 92-284, 92-451.

844 P.2d 50 (1992)

Daniel L. REMINGTON, Applicant and Appellant, v. The MONTANA DEPARTMENT OF CORRECTIONS AND HUMAN SERVICES; Curtis Chisholm, Director of the Montana Department of Corrections and Human Services; Montana State Prison; and Jack T. McCormick, Warden of Montana State, Respondents and Respondents.

Supreme Court of Montana.

Decided December 15, 1992.

Attorney(s) appearing for the Case

Mark P. Yeshe, Donahoe & Yeshe, American Civil Liberties Cooperating Attorney, Helena, for applicant and appellant.

James B. Obie, Dept. of Corrections and Human Services, Helena, for respondents and respondents.

WEBER, Justice.

This is an appeal from an order and opinion of the Third Judicial District Court, Powell County, dismissing Daniel L. Remington's application for mandamus, habeas corpus, and declaratory relief. We affirm.

We consider the following issues on appeal:

1. Did the District Court abuse its discretion in dismissing Remington's petition for declaratory judgment?

2. Should this Court issue a writ of habeas corpus based on an inmate...

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