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KAFKA v. HAGENER

No. 01-32-GF-DWM.

176 F.Supp.2d 1037 (2001)

Kim J. KAFKA, Cindy R. Kafka, Diamond K Ranch Enterprises, LLC, Connie R. Corbett, Pat L. Corbett, and Yellowstone Game Ranch, LLC, individually and on behalf of others similarly situated, Plaintiffs, v. Jeff HAGENER and Marc Bridges, individually and in official capacities as Director of the Montana Department of Fish, Wildlife & Parks, and the Executive Officer of the Montana Department of Livestock, Defendants. Sportsmen for I-143, Montana Wildlife Federation, Ravalli County Fish & Wildlife Association, and Montana Bowhunters Association, Defendant-Intervenors

United States District Court, D. Montana, Great Falls Division.

October 5, 2001.

Attorney(s) appearing for the Case

Stanley T. Kaleczyc, Mark R. Taylor, Browning Kaleczyc Berry & Hoven, Helena, MT, for Kim J. Kafka, Cindy R. Kafka, Diamond K Ranch Enterprises, LLC, Connie R. Corbett, Pat L. Corbett, Yellowstone Game Ranch, LLC, plaintiffs.

Chris D. Tweeten, Mike McGrath, Office of the Montana Attorney General, Helena, for Jeff Hagener, Marc Bridges, defendants.

William A. Rossbach, Rossbach Brennan, P.C., Missoula, MT, Jack R. Tuholske, Missoula, MT, Elizabeth A. Brennan, Missoula, MT, for Sportsmen for I-143, Montana Wildlife Federation, Ravalli County Fish & Wildlife Assoc, Montana Bowhunters Association, Inc., intervenor defendants.

ORDER

MOLLOY, Chief Judge.

I. Introduction

The Complaint in this case questions the constitutionality of Ballot Initiative 143, a measure approved by a majority of the voters of Montana in the November 7, 2000 general election. I-143 amended Montana's game farm laws to establish a permanent moratorium on issuance of new game farm licenses, to reimpose a prohibition on transfers of game farm licenses...

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