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STATE, ETC. v. DIST. CT., 8TH JUDICIAL DIST.

Nos. 13605, 13606.

560 P.2d 1328 (1976)

STATE ex rel. DEPARTMENT OF JUSTICE of the State of Montana et al., Relators, v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF CASCADE, and the Hon. Truman G. Bradford, Judge thereof, Respondents. STATE ex rel. DEPARTMENT OF JUSTICE of the State of Montana et al., Relators, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF DEER LODGE and the Hon. Robert J. Boyd, Judge presiding, Respondents.

Supreme Court of Montana.

Submitted December 6, 1976.

Rehearing Denied March 25, 1977.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Gary L. Graham and Sherman V. Lohn (argued), Missoula, for relators.

Smith, Emmons, Baillie & Walsh, Robert J. Emmons (argued), Great Falls, for respondents.

JAMES T. HARRISON, Chief Justice.

These two original proceedings were consolidated by order of this Court dated November 15, 1976. They present the same issue for our resolution: Can the Attorney General, the Department of Justice, or the State of Montana be sued for malicious prosecution in a civil action for damages?

On July 30, 1974, relators filed an information charging Gloria Eusek Carden with one count of...

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