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GUTHRIE v. DEPT. OF SOCIAL & REHAB. SERVICES

No. 13317.

563 P.2d 555 (1977)

Ralph GUTHRIE and Gertrude Guthrie, husband and wife, d/b/a Guthrie Centers Company, Plaintiffs and Respondents, v. DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided April 21, 1977.

Rehearing Denied May 19, 1977.

Attorney(s) appearing for the Case

Thomas H. Mahan (argued), Helena, for defendant and appellant.

Smith Law Firm, P.C., Helena, Chadwick H. Smith (argued), Helena, for plaintiffs and respondents.

DALY, Justice.

The Department of Social and Rehabilitation Services of the state of Montana (SRS) appeals from the order of the district court, Lewis and Clark County, granting plaintiffs' motion for summary judgment. Plaintiffs sought a declaratory judgment under section 93-8901, R.C.M. 1947, and a determination of reasonable costs and profit allowance allegedly due them.

Plaintiffs, doing business as Guthrie Centers Company, own and operate the Libby Convalescent...

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