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STATE OF MONTANA, DEPARTMENT OF HIGHWAYS v. BRINEGAR

Civ. No. 2388.

380 F.Supp. 861 (1974)

STATE OF MONTANA, Acting BY AND THROUGH the DEPARTMENT OF HIGHWAYS OF the STATE OF MONTANA, Plaintiff, v. Claude S. BRINEGAR, Secretary of Transportation, et al., Defendants.

United States District Court, D. Montana, Helena Division.

August 19, 1974.

Attorney(s) appearing for the Case

N. A. Rotering, Administrator and James R. Beck, Atty., Legal Div., Dept. of Highways, Helena, Mont., for plaintiff.

Otis L. Packwood, U. S. Atty., Billings, Mont., for defendants.

ORDER

BATTIN, District Judge.

Presently pending in this action is the defendants' motion to dismiss or, in the alternative, for summary judgment. Also pending is the cross motion of plaintiff for summary judgment.

The plaintiff by this action seeks the release of highway trust funds that have been impounded pursuant to directions issued by the Office of Management and Budget. The undisputed material facts...

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