McKAMEY v. STATE

No. 94-180.

885 P.2d 515 (1994)

Joseph M. McKAMEY, Plaintiff, Respondent and Cross-Appellant, v. STATE of Montana, Defendant, Appellant and Cross-Respondent.

Supreme Court of Montana.

Decided November 29, 1994.


Attorney(s) appearing for the Case

Charles E. Erdmann, Erdmann Law Office, Helena, for appellant.

Timothy J. McKittrick, McKittrick Law Firm, Great Falls, for respondent.


TURNAGE, Chief Justice.

The State of Montana appeals from a judgment of the District Court for the Eighth Judicial District, Cascade County. That court declared unconstitutional a requirement that firefighters employed by the State of Montana at the Montana Air National Guard base in Great Falls, Montana, be members of the Montana Air National Guard. We affirm.

The issues are:

1. Did the District Court err in refusing to dismiss this case on grounds...

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