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GEHRING v. MEMBERS 1993 LEGISLATURE

No. 94-166.

889 P.2d 1164 (1995)

Jack B. GEHRING, Plaintiff and Appellant, v. ALL MEMBERS OF THE STATE of Montana 1993 LEGISLATURE, all Members of the Montana Supreme Court, Chief Justice J.A. Turnage, John C. Harrison, William E. Hunt, Sr., Fred Weber, R.C. McDonough, Karla Gray, Terry N. Trieweiler; Governor Marc Racicot and Attorney General Joseph P. Mazurek, Defendants and Respondents.

Supreme Court of Montana.

Decided February 6, 1995.

Attorney(s) appearing for the Case

Jack B. Gehring, Pro Se, Helena, for Appellant.

Joseph P. Mazurek, Attorney General; Deanne L. Sandholm, Assistant Attorney General, Helena; Mike McGrath, County Attorney, Helena, for Respondent..

JAMES E. PURCELL, District Judge.

Jack B. Gehring (Gehring) appeals the decision of the First Judicial District Court, Lewis and Clark County, granting defendant's motion to dismiss for failure to state a claim upon which relief could be granted. We affirm.

We find the following issues to be dispositive:

1. Did the District Court err in determining that the members of Montana's Fifty-third Legislature did...

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