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IHLER v. CHISHOLM

No. 92-563.

855 P.2d 1009 (1993)

Majorie IHLER, Victor Fourwinds, Joel Johnson, Karen Hallberg, Tom Branstetter, Danine Rose, Sharon Gregor, Charles Kimball, David Malingo, Belinda Kittle, Byron Myers, and Theresa Whisennand, plaintiffs, Respondents, and Cross-Appellants v. Curt CHISHOLM, Director of the Department of Institutions for the State of Montana, Carroll South, Individually and as Past Director of the Department of Institutions for the State of Montana, Jane Edwards, Superintendent of Montana State Hospital and The State of Montana, Defendants, Appellants, and Respondents on Cross-Appeal.

Supreme Court of Montana.

Decided June 29, 1993.

Attorney(s) appearing for the Case

P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie; Joseph P. Mazurek, Atty. Gen., Kimberly A. Kradolfer, Asst. Atty. Gen. James B. Obie, Dept. of Institutions; Bill Gianoulias, Tort Claims Division, Helena, MT, for defendants, appellants.

Jeffrey T. Renz, Legal Director, American Civil Liberties Union of Montana, Billings; Leonard Rubenstein and Ira Burnim, Mental Health Law Project, Washington, D.C.: Allen Smith, Mental Disabilities Board; Andrea Olsen and Mary Gallagher, Mental Health Protection and Advocacy, Warm Springs; Helen Hershkoff and Victor Bolden, American Civil Liberties Union Foundation, New York, New York; James H. Goetz, Goetz, Madden & Dunn, Bozeman; and W. William Leaphart, Helena for plaintiffs, respondents.

GRAY, Justice.

Appellants Chisholm, et al., appeal from findings of fact, conclusions of law and order of the First Judicial District, Lewis and Clark County, awarding attorneys' fees. Respondents Ihler, et al., cross-appeal from the same judgment. We reverse and remand.

The dispositive issue on appeal is whether the District Court erred in computing the award of attorneys' fees.

The parties are before this Court appealing only the award of attorneys...

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