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BELGRADE EDU. ASS'N v. BELGRADE SCHOOL DIST.

No. 04-187.

102 P.3d 517 (2004)

2004 MT 318

324 Mont. 50

BELGRADE EDUCATION ASSOCIATION, MEA-MFT, AFT, AFL-CIO, and Leeann Shane, Applicants and Appellants, v. BELGRADE SCHOOL DISTRICT NO. 44, and Its Trustees, Pat Hensleigh, Jim Wiley, Danny Welch Robert Marx, Angela Johnson, Rebecca E. Huntsman, Sherie Jolliff, and Herb Benz, Respondents and Respondents.

Supreme Court of Montana.

Decided November 12, 2004.

Rehearing Denied in Part and Granted in Part December 15, 2004.

Attorney(s) appearing for the Case

For Appellants: J.C. Weingartner, Helena, Montana.

For Respondent: Debra Silk, Tony Koenig, Montana School Boards Association, Helena, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The Belgrade Education Association, MEA-MFT, AFT, AFL-CIO, and LeeAnn Shane appeal from the Order entered by the Eighteenth Judicial District Court, Gallatin County, denying their application for a writ of mandate and granting a motion to quash the application. We reverse and remand.

¶ 2 The restated issue on appeal is whether the District Court erred in denying the application for...

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