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CLOVER LEAF DAIRY v. STATE

No. 96-682.

948 P.2d 1164 (1997)

CLOVER LEAF DAIRY, a Montana corporation, Plaintiff and Appellant, v. The STATE of Montana and the Montana Department of Health and Environmental Sciences, Defendants and Respondents.

Supreme Court of Montana.

Decided November 13, 1997.

Attorney(s) appearing for the Case

Brian M. Morris (argued), Goetz, Madden & Dunn, P.C., Bozeman, for Plaintiff and Appellant.

Ann Brodsky (argued), Department of Administration, Helena, for Defendants and Respondents.

TURNAGE, Chief Justice.

Clover Leaf Dairy appeals from the orders of the First Judicial District Court, Lewis and Clark County, granting the State's motions to dismiss and for summary judgment. We affirm.

We restate the issues raised on appeal as follows:

1. Did the District Court err in granting the State's motions for summary judgment?

2. Did the District Court err when it dismissed Clover Leaf's claim for damages based on the State's alleged...

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