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MONT. OUTFITTERS ACT. GROUP v. FISH & GAME COM'N

No. CV 75-80-BU.

417 F.Supp. 1005 (1976)

MONTANA OUTFITTERS ACTION GROUP et al., Plaintiffs, v. FISH AND GAME COMMISSION OF the STATE OF MONTANA et al., Defendants.

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

August 12, 1976.

Attorney(s) appearing for the Case

James H. Goetz, Bozeman, Mont., for plaintiffs.

Robert Woodahl, Atty. Gen., State of Mont., Clayton Herron, Sp. Asst. Atty. Gen., Helena, Mont., for defendants.

Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges.

OPINION

PER CURIAM:

This case is about elk and the rights of nonresidents to hunt them.1 The elk, once a plains animal, now lives in the mountains in central and western Montana. The elk is migratory in the sense that it moves from the summer range to the winter range and back, and when this sort of migration occurs near the borders of Montana, the elk drift to and from Montana, Idaho, Wyoming, and Canada. The summer range is...

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