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STATE v. TOOLE COUNTY

No. 96-359.

924 P.2d 693 (1996)

STATE of Montana, on the Relation of Floyd Lee LOVINS, Petitioner and Appellant, v. TOOLE COUNTY, Montana, and Allan J. Underdal, Denis Freeland, and Alan Ryan, Toole County Commissioners, Respondents and Respondents.

Supreme Court of Montana.

Decided September 12, 1996.

Attorney(s) appearing for the Case

William Conklin, Conklin, Nybo, Leveque & Murphy, P.C., Great Falls, for Petitioner and Appellant.

Ward Shanahan and Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, Merle Raph, County Attorney, Shelby, for Respondents and Respondents.

TURNAGE, Chief Justice.

Floyd Lee Lovins appeals an order of the Ninth Judicial District Court, Toole County, granting summary judgment to Toole County and the Toole County Commissioners and imposing Rule 11, M.R.Civ.P., sanctions upon Lovins. By order dated July 30, 1996, this Court affirmed the District Court's judgment but reversed the imposition of sanctions, stating that a full opinion would follow.

We restate the issues as:

1. Whether summary...

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