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AMERICAN CANCER SOCIETY v. STATE

No. 03-453.

103 P.3d 1085 (2004)

2004 MT 376

325 Mont. 70

AMERICAN CANCER SOCIETY, American Lung Association of the Northern Rockies, American Heart Association, Montana Medical Association, Protectmontanakids.Org., Montana Senior Citizens Association, Helena Health Care Associates, Citizens for a Smoke Free Bozeman, Citizens in Support of Helena's Second-Hand Smoke Ordinance, United Tobacco Free Coalition, Citizens for a Healthy Helena, Jeri Lou Domme, Mark Sanz, M.D., Barbara Summers, Terry Curey, Alexandra Phillips, David B. King, M.D., Edward G. Allen, M.D., Crystal Bridges, Ernesto Randolfi, Ron Bone, Patrick Cobb, M.D., and Donna Whitman, Petitioners, v. STATE of Montana, Respondent.

Supreme Court of Montana.

Submitted October 19, 2004.

Decided December 28, 2004.

Attorney(s) appearing for the Case

For Petitioners: James Reynolds (argued) and David Wilson, Reynolds, Motl and Sherwood, Helena, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; Sara Bond (argued), Assistant Attorney General, Helena, Montana.

For Amici Curiae: Laurance Waldoch and Thomas Pursell, Lindquist & Vennum, P.L.L.P., St. Paul, Minnesota (American Medical Association et al.), Paul J. Luwe, City Attorney, Bozeman, Montana (Montana League of Cities & Towns), Mark Staples, Staples Law Firm, Helena, Montana (Montana Tavern Association), Chris J. Gallus, Attorney at Law, Helena, Montana (Representative Devlin and Senator Tropila), Arthur V. Wittich, Wittich Law Firm, Bozeman, Montana (Montana Restaurant Association), Milton Datsopoulos, Datsopoulos, MacDonald, & Lind, Missoula, Montana (Local 427, International Union, AFL-CIO).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Petitioners requested this Court to accept original jurisdiction over their petition for declaratory judgment and declare House Bill 758 (HB 758), enacted by the 2003 Montana Legislature unconstitutional. Act approved Apr. 23, 2003, ch. 471, 2003 Mont. Laws 1797 (codified at § 7-1-120, MCA). By order dated October 22, 2003, we accepted original jurisdiction of the following four issues:...

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