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HAGENER v. WALLACE

No. 01-385.

47 P.3d 847 (2002)

309 Mont. 473

2002 MT 109

M. Jeff HAGENER, Director, Montana Department of Fish, Wildlife and Parks, Plaintiff/Respondent, v. Len WALLACE and Pamela Wallace d/b/a Big Velvet Ranch, Defendants/Appellants.

Supreme Court of Montana.

Decided May 23, 2002.

Attorney(s) appearing for the Case

For Appellants: Stanley T. Kaleczyc, Kimberly A. Beatty, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana, Arthur Wittich (argued), Attorney at Law, Bozeman, Montana.

For Respondent: Robert N. Lane (argued), John F. Lynch, Agency Counsel and Special Assistant Attorney General, Helena, Montana.

For Amicus: Jack R. Tuholske (argued), Attorney at Law, Missoula, Montana.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Plaintiff, M. Jeff Hagener, Director of the Montana Department of Fish, Wildlife and Parks (FWP), brought this action on behalf of FWP in the District Court for the First Judicial District in Lewis & Clark County, initially seeking a temporary restraining order prohibiting the Defendants, Len and Pamela Wallace, from causing or allowing the transfer...

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