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CHRISTENOT v. STATE, DEPT. OF COMMERCE

No. 94-539.

901 P.2d 545 (1995)

CLIFFORD CHRISTENOT, Douglas A. Crumb, Frank R.C. Brisendine, Mark Rittenhouse, Ken MacPherson, Ronald L. Olson, David L. Comer, J. Robert Carnahan, R. Brent Kandarian, John V. Mateskon, Chuck Conlan, Sam Matousek, Jr., Susan Watts, Tom Bastas, Gayla Bastas, James Pridemore, Thadus Zupanik, Elsie Lee, Leslie Yaeger, Roman Hanasz, Helenz, Raymond Kramer, James G. Jackson, Tammie Larae Bonner, Plaintiffs, Respondents and Cross-Appellants, v. STATE of Montana, DEPARTMENT OF COMMERCE, Board of Dentistry, Defendants, Appellants and Cross-Respondents.

Supreme Court of Montana.

Decided August 4, 1995.

Attorney(s) appearing for the Case

Robert P. Verdon, Special Assistant Attorney General, Helena, for appellant.

James C. Bartlett, Hash, O'Brien & Bartlett, Kalispell, for respondents.

TURNAGE, Chief Justice.

The State of Montana, Department of Commerce, Board of Dentistry (Board), appeals an injunctive order issued by the District Court for the Nineteenth Judicial District, Lincoln County. That court declared invalid three administrative rules adopted by the Board, as improper interpretations of §§ 37-29-402(2) and -403, MCA. The court denied, without prejudice, the plaintiffs' request for costs and attorney fees. The Board appeals the...

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