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VAN DER HULE v. MUKASEY

No. OP 08-0576.

217 P.3d 1019 (2009)

2009 MT 20

349 Mont. 88

Frank S. VAN DER HULE, Plaintiff, v. Michael B. MUKASEY, Attorney General of the United States of America, Defendant.

Supreme Court of Montana.

Decided January 27, 2009.

Rehearing Denied February 24, 2009.

Attorney(s) appearing for the Case

For Plaintiff: Quentin M. Rhoades, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Defendant: Mark B. Stern, Christopher J. Walker, Department of Justice, Washington, D.C., William W. Mercer, U.S. Attorney, George F. Darragh, Jr., Assistant U.S. Attorney, Great Falls, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana has certified the following question to this Court pursuant to M.R.App. P. 15:

Does § 45-8-321, MCA, prohibit a county sheriff from issuing a concealed weapon permit to a person described in subsection (1)(c) of the statute, or does a sheriff have discretion to issue a permit to...

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