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WISER v. STATE, DEPT. OF COMMERCE

No. 04-587.

129 P.3d 133 (2006)

2006 MT 20

331 Mont. 28

Lee WISER; R. Brent Kandarian; Cliff Christenot; Dave Comer; Douglas Crumb; Everett Vandeneeden; Allen Casteel; Frank Brisendine; Rob Carnahan; Ken Macpehrson; Chas Conlan; Aaron Hansemann; Grant Olson; John Mateskon; Mark Rittenhouse; and John Doe Plaintiffs 1-24, Plaintiffs and Appellants, v. STATE of Montana; DEPARTMENT OF COMMERCE; Department of Labor and Industry; and Board Of Dentistry, Defendants and Respondents.

Supreme Court of Montana.

Decided January 31, 2006.

Attorney(s) appearing for the Case

For Appellants: Jonathan R. Motl, David K.W. Wilson, Jr., and Brenda Lindlief-Hall, Reynolds, Motl & Sherwood, P.L.L.P., Helena, Montana.

For Respondents: Honorable Mike McGrath, Attorney General; Chris D. Tweeten, Assistant Attorney General, Helena, Montana, John Atkins and James Santoro, Special Assistant Attorneys General, Department of Labor and Industry, Helena, Montana.

For Amicus Curiae: Holly Franz, Franz & Driscoll, Helena, Montana (Montana Senior Citizens Association).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Lee Wiser and the other named plaintiffs (Appellants) appeal from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of Respondents State of Montana, Department of Commerce, Department of Labor and Industry, and Board of Dentistry (Respondents) on all of Appellants' claims. We affirm.

¶ 2 In determining whether the District Court erred...

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