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ASSOC. PRESS v. SENATE REPUBLICAN CAUCUS

No. 96-640.

951 P.2d 65 (1997)

The ASSOCIATED PRESS; Bigfork Eagle; The Billings Gazette; Bozeman Daily Chronicle; The Montana Standard; Great Falls Tribune; Havre Daily News; Helena Independent Record; The Daily Inter Lake; KECI-TV, Missoula; KFBB-TV, Great Falls; KXLF-TV, Butte; KRTV-TV, Great Falls; KTVQ-TV, Billings; KULR-TV, Billings; Livingston Enterprise; Miles City Star; Missoulian; Montana Newspaper Association; News Montana, Inc.; (as publishers of Bighorn County News, Carbon County News, and Stillwater County News); Ravalli Republic; and The Society of Professional Journalists, Montana Chapter, Plaintiffs and Appellants, v. The MONTANA SENATE REPUBLICAN CAUCUS; The Montana Senate Democratic Caucus; The Montana House of Representatives Republican Caucus; and The Montana House of Representatives Democratic Caucus, Defendants and Respondents.

Supreme Court of Montana.

Submitted October 30, 1997.

Decided December 18, 1997.

Attorney(s) appearing for the Case

James P. Reynolds, Reynolds, Motl and Sherwood, Helena, for Plaintiffs and Appellants.

Stanley T. Kaleczyc, Oliver H. Goe, Browning, Kaleczyc, Berry & Hoven, Helena, for Defendants and Respondents.

NELSON, Justice.

This is an appeal from the District Court's November 16, 1995 order dismissing the Appellants' complaint. The trial court held that the Respondent Senate and House Republican and Democratic party in-session caucuses were not persons within the meaning of Rule 4 A, M.R.Civ.P., and that, therefore, the court did not have jurisdiction over them. Subsequently, on July 12, 1996, the court's order was converted into one for summary judgment, and this appeal...

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