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McGILLIVRAY v. STATE

Nos. 98-009, 98-157.

972 P.2d 804 (1999)

1999 MT 3

David E. McGILLIVRAY, William J. Boone, Stanley E. Carter, Linda Susan Davis, Dale C. Frey, Stacey A. Groff, Richard Q. Woirhaye, Monte Jay Thomas, and Randy L. Wells, Plaintiffs and Appellants, v. STATE of Montana, Defendant and Respondent. Aaron R. Maki, Plaintiff and Appellant, v. State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Bryan C. Tipp, Tipp and Buley, Missoula, for Appellants.

Joseph P. Mazurek, Attorney General, Chris D. Tweeten, Chief Counsel, Helena, for Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 In these consolidated appeals, the Plaintiffs and Appellants petitioned the Fourth Judicial District Court, Missoula County, and the Eighteenth Judicial District Court, Gallatin County, for declaratory judgment that §§ 46-7-102, 46-17-201(3), and 46-17-311(1), MCA, as amended by Ch. 129, L.1997, violate their fundamental constitutional rights...

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