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MEA-MFT v. McCULLOCH

No. DA 12-0358.

291 P.3d 1075 (2012)

2012 MT 211

366 Mont. 266

MEA-MFT, the Montana State AFL-CIO, the Montana Public Employees Association, the Montana Association of Area Agencies on Aging, and the American Federation of State, County and Municipal Employees, Montana Council 9, Plaintiffs, Appellees and Cross-Appellants, v. Linda McCULLOCH, Secretary of State for the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Opinion, analysis and rationale issued September 25, 2012.

Attorney(s) appearing for the Case

For Appellant: Steve Bullock , Montana Attorney General; Andrew I. Huff , Assistant Attorney General, Helena, Montana.

For Appellees and Cross-Appellants: John M. Morrison , Frederick F. Sherwood ; Morrison, Motl & Sherwood, Helena, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Secretary of State Linda McCulloch appeals from the District Court's Opinion and Order granting summary judgment to the plaintiffs and declaring Legislative Referendum 123 (LR-123) unconstitutional. On August 10, 2012 this Court entered a summary order affirming the District Court, with an opinion to follow in due course.

¶ 2 McCulloch presents the following issues for review:

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