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BLANTON v. DEPT. OF PUBLIC HEALTH SERVICES

No. DA 10-0231.

255 P.3d 1229 (2011)

2011 MT 110

360 Mont. 396

Terry BLANTON, individually and on behalf of himself and all others similarly situated, Plaintiffs, Appellees, and Cross-Appellants, v. The DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, a department of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 2011.

Rehearing Denied June 28, 2011.

Attorney(s) appearing for the Case

For Appellant: Randy J. Cox (argued), Dean A. Stensland (argued); Boone Karlberg, P.C.; Missoula, Montana, Steve Bullock , Montana Attorney General; Katherine J. Orr, Assistant Attorney General, Agency Legal Services Bureau; Helena, Montana.

For Appellees and Cross-Appellants: Alan J. Lerner (argued), Linda C. Semrow ; Lerner Law Firm; Kalispell, Montana, James A. Manley ; Manley Law Firm; Polson, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The Department of Public Health and Human Services (the "Department") appeals from the judgment of the Lake County District Court in favor of Terry Blanton (Blanton) and the approximately 2,500 class members (the "Class"). Blanton and the Class cross-appeal. We consider the following issues on appeal:

¶ 2 1. Whether the District Court correctly determined the retroactive applicability...

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