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LARSON v. STATE, DEPT. OF JUSTICE

No. 95-452.

912 P.2d 783 (1996)

Richard S. LARSON, Enoch E. Richwine, Todd C. Dupuis, Robert L. Shores, John Herak, Rodney L. Smart, Roland B. McKinley, William Douglas Baroch, Mr. and Mrs. Mark Gilroy, Mary Delaney Schoepf, Verlin A. Snowberg, Sr., L.L.S. Brownell, Jennifer L. McGinnis, Mr. and Mrs. George R. Mahoney, Kathy J. Korf, Mr. and Mrs. Robert A. Pierce, Patricia Anne Earley, Calvin Brown, Berton N. Shultz, Harold F. Alexander, Mr. and Mrs. James W. Jones and Thomas M. Jones, Sonny Benson, William N. Freer, Fred L. Gilleard, C. Douglas Morigeau, Mr. and Mrs. Richard J. Wheeler, Charles S. Jennison, Petitioners/Applicants and Appellants, v. STATE of Montana, DEPARTMENT OF JUSTICE, Gambling Control Division and its Administrator, Janet Jessup, Respondents and Respondents.

Supreme Court of Montana.

Decided February 27, 1996.

Attorney(s) appearing for the Case

Dexter L. Delaney, Brian L. Delaney, Missoula, for Appellants.

Joseph P. Mazurek, Attorney General, Clay R. Smith, Ass't Attorney General, Helena, for Respondents.

GRAY, Justice.

The appellants in this case (Business Owners) appeal from an order of the Twentieth Judicial District Court, Lake County, denying their petition for a writ of mandamus directing the State of Montana, Department of Justice, Gambling Control Division (State) to issue gambling licenses and permits to them. We affirm.

The issue on appeal is whether the District Court erred in denying the Business Owners...

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