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MADISON v. GRAHAM

No. 01-35145.

316 F.3d 867 (2002)

Harvey MADISON; Doris Madison; Charles d'Autremont; Elena d'Autremont; Harrison Saunders, Plaintiffs-Appellants, v. Patrick J. GRAHAM, Director, Montana Department of Fish, Wildlife & Parks; State of Montana Department of Fish, Wildlife & Parks; Stan Meyer, Commissioner; David Simpson; Charles Decker, Commissioner; Darlyne Dasher; Tim Mulligan, Commissioner, Defendants-Appellees. Montana Coalition for Stream Access (MCSA); Montana Wildlife Federation; Montana Chapter of Trout Unlimited (MTU); Fishing Outfitters Association of Montana (FOAM), Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2002.

Attorney(s) appearing for the Case

S. Amanda Koehler, Mountain States Legal Foundation, Denver, CO, for the appellants.

Brian M. Morris, Soliciter, Montana Department of Justice, Helena, MT, for the defendants-appellees.

James H. Goetz, Bozeman, MT, for the intervenors-appellees.

Before TROTT, T.G. NELSON and THOMAS, Circuit Judges.

OPINION

TROTT, Circuit Judge.

Harvey and Doris Madison, Charles and Elena d'Autremont, and Harrison Saunders (collectively "appellants") appeal from the district court's published decision dismissing their complaint with prejudice. The appellants sought to have Montana's Stream Access Law, Mont.Code Ann. §§ 23-2-301, et seq., declared unconstitutional on the grounds that it (1) violated their Fourteenth Amendment substantive due process...

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