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KELLEHER v. BOARD OF SOCIAL WORK EXAM'RS

No. 96-724.

939 P.2d 1003 (1997)

Cheryl H. KELLEHER, and Others Similarly Situated, a Class, Plaintiffs and Appellants, v. BOARD OF SOCIAL WORK EXAMINERS AND LICENSED PROFESSIONAL COUNSELORS, DEPARTMENT OF COMMERCE; Mary Meis; C. James Armstrong; Antoinette F. Rosell; Patrick Wolberd; Ervin Booth; Leta A. Livoti; and Richard A. Simonton, Members of said Board; Allan Elliott, Director of the Department of Commerce, Defendants and Respondents.

Supreme Court of Montana.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Robert C. Kelleher, Kelleher Law Office, Butte, for plaintiffs and appellants.

Carol Grell, Special Assistant Attorney General, Department of Commerce, Helena, for defendants and respondents.

REGNIER, Justice.

Cheryl Kelleher appeals from the order of the Second Judicial District Court, Silver Bow County, denying her motion for costs and attorney fees arising from her petition for writ of mandamus based on the doctrine of laches. We reverse and remand to the District Court.

The issue on appeal is whether the District Court erred in concluding that Kelleher is barred by the doctrine of laches from asserting her claim for allowance of costs and attorney...

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