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WHEAT v. BROWN

No. 04-015.

85 P.3d 765 (2004)

2004 MT 33

Mike WHEAT, Jon Tester, and Ken Hansen, Plaintiffs and Respondents, v. Bob BROWN, in his official capacity as Secretary of State for the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided February 18, 2004.

Attorney(s) appearing for the Case

For Appellant: Robert Cameron, Gough, Shanahan, Johnson & Waterman, Helena, Montana.

For Respondents: Peter Michael Meloy and Jennifer Hendricks, Meloy Trieweiler, Helena, Montana.

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

¶ 1 This is an appeal by Secretary of State Bob Brown from the summary judgment issued by the First Judicial District Court, Lewis and Clark County, Honorable Jeffrey Sherlock presiding. In granting summary judgment, the District Court ruled, as a matter of law, that Senate Bill 258, Senate Bill 445 and Senate Joint Resolution 23 are "unconstitutional and of no force and effect." We affirm the judgment...

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