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CITIZENS TO RECALL MAYOR v. WHITLOCK

No. 92-177.

844 P.2d 74 (1992)

CITIZENS TO RECALL MAYOR JAMES WHITLOCK, Plaintiffs and Respondents, v. Mayor James WHITLOCK, Defendant and Appellant, and Hamilton City Council, Edna Mae Leonard, Vivian Yang, Jack Edmonds, John Robinson, Claudia Williamson, Craig Stirling, Third Party Plaintiffs and Respondents, and John and Jane Does 1 through 10, Third Party Defendants and Respondent.

Supreme Court of Montana.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Larry W. Jones, Missoula, for defendant and appellant.

Joan Jonkel (Jane Doe), Missoula, Richard A. Weber, Jr., Hamilton City Atty., Hamilton, for plaintiffs and respondents.

David A. Trihey, pro se.

TRIEWEILER, Justice.

Hamilton City Mayor James Whitlock appeals from a March 24, 1992, order and declaratory judgment of the Fourth Judicial District Court, Ravalli County, authorizing public disclosure of the "Toole Report" by the Hamilton City Council. On March 27, 1992, District Court Judge Ed McLean stayed enforcement of the order pending appeal. We affirm.

The issues on appeal are:

1. Was the request made by the Citizens to Recall Mayor James...

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