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LABATTE v. TOWN OF CULBERTSON

No. 96-550.

938 P.2d 611 (1997)

Lynn LABATTE and Lynda Labatte, d/b/a L & L Sanitation, Plaintiffs and Appellants, v. TOWN OF CULBERTSON, Defendant and Respondent.

Supreme Court of Montana.

Decided April 29, 1997.

Attorney(s) appearing for the Case

Laura Christoffersen; Christoffersen & Knierim, Wolf Point, for Plaintiffs and Appellants.

Greg Hennessy; Hennessy Law Office, Williston, ND, for Defendant and Respondent.

GRAY, Justice.

Lynn Labatte and Lynda Labatte, d/b/a L & L Sanitation (L & L), sought a declaratory judgment in the Fifteenth Judicial District Court, Roosevelt County, concerning the Town of Culbertson's ordinances on garbage collection and disposal. The District Court granted summary judgment to the Town of Culbertson (Town). L & L appeals and we reverse.

The dispositive issue on appeal is whether the...

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