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EMERY v. STATE, DEPT. OF PUBLIC HEALTH

No. 97-242.

950 P.2d 764 (1997)

Richard K. EMERY, Petitioner and Respondent, v. STATE of Montana, DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, CHILD SUPPORT ENFORCEMENT DIVISION, Respondent and Appellant.

Supreme Court of Montana.

Decided December 23, 1997.

Attorney(s) appearing for the Case

John M. McRae, Special Assistant Attorney General, Department of Public Health and Human Services, Child Support Enforcement Division, Missoula, for Respondent and Appellant.

Richard A. Reep, Reep, Spoon & Gordon, Missoula, for Petitioner and Respondent.

GRAY, Justice.

Richard K. Emery (Emery) petitioned the Fourth Judicial District Court, Missoula County, for judicial review of an administrative decision and order entered by the State of Montana, Department of Public Health and Human Services, Child Support Enforcement Division (CSED), authorizing CSED to proceed with an income withholding action against Emery. The District Court entered an opinion and order denying in part and granting in part Emery's petition....

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