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HOLLADAY v. STATE OF MONT.

No. CV-80-66-H.

506 F.Supp. 1317 (1981)

Don T. HOLLADAY, Plaintiff, v. STATE OF MONTANA; State Department of Institutions; Lawrence M. Zanto, Director of Institutions; Robert J. Rhay, Administrator, Division of Corrections; Herman Gibson, Business Manager, Defendants.

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

January 30, 1981.

Attorney(s) appearing for the Case

Carl A. Hatch, Small, Hatch & Doubek, Helena, Mont., for plaintiff.

J. Daniel Hoven, Agency Legal Services Bureau, Dept. of Justice, Helena, Mont., for defendants.

AMENDED MEMORANDUM OPINION

BATTIN, Chief Judge.

The basic issues raised by defendants' motion to dismiss are (1) whether a federal court has jurisdiction over a civil rights suit against a state by a former superintendent of a state institution and (2) whether an allegation that a state employer tortiously interfered with an employee's "right to work in his profession and contractual employment rights" states a cause of action under Montana law.

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