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ASSOCIATED PRESS v. CROFTS

No. 03-239.

89 P.3d 971 (2004)

2004 MT 120

321 Mont. 193

The ASSOCIATED PRESS, Bozeman Daily Chronicle, the Montana Standard, Missoulian, Great Falls Tribune, Montana Newspaper Association, Montana Broadcasters Association, the Billings Gazette, the Daily Inter Lake, Montana Television Network, Eagle Television Network, Havre Daily News, Helena Independent Record, and Yellowstone Newspapers, Plaintiffs and Respondents, v. Richard A. CROFTS, in his official capacity as Montana Commissioner of Higher Education, Defendant and Appellant.

Supreme Court of Montana.

Decided May 4, 2004.

Attorney(s) appearing for the Case

For Appellant: Leroy H. Schramm (argued), Montana University System, Helena, Montana.

For Respondents: Ronald F. Waterman, Laura D. Vachowski (argued), Gough, Shanahan, Johnson & Waterman, Helena, Montana.

For Amicus Montana School Boards Association: Elizabeth A. Kaleva, Montana School Boards Association, Helena, Montana.

For Amicus State of Montana: Hon. Mike McGrath, Montana Attorney General; Chris D. Tweeten, Chief Civil Counsel; Brian M. Morris, Solicitor, Helena, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Respondents, members of the print and television media, filed a complaint against Appellant Richard A. Crofts in the First Judicial District Court, Lewis and Clark County. The complaint alleged that meetings between Crofts and other employees of Montana's University System were subject to Montana's open meeting laws. Crofts and the Respondents filed cross-motions

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