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STATE EX REL. BOOTH v. MONTANA TWENTY-FIRST JUDICIAL DISTRICT

No. 97-689.

972 P.2d 325 (1998)

1998 MT 344

STATE of Montana, ex rel. Donald Franklin BOOTH, Jr., Relator, v. MONTANA TWENTY-FIRST JUDICIAL DISTRICT, Ravalli County, The Hon. Jeffrey H. Langton, Presiding, Respondent.

Supreme Court of Montana.

Submitted June 30, 1998.

Decided December 31, 1998.

Attorney(s) appearing for the Case

J.G. Shockley (argued), Attorney at Law, Victor, Montana, for Relator

George H. Corn (argued), Ravalli County Attorney, Hamilton, Montana, for Respondent

Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Donald Franklin Booth, Jr. (Booth) was involved in an automobile accident on July 23, 1996, which resulted in the death of two persons and the serious injury of a third. Montana Highway Patrol (MHP) Sergeant Warren Schiffer (Sergeant Schiffer) investigated the accident and, in a report dated August 27, 1996, concluded that Booth was the principal cause of the accident based on his alcohol consumption...

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