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IHLER v. CHISHOLM

No. 98-712.

995 P.2d 439 (2000)

2000 MT 37

Marjorie IHLER, Victor Fourwinds, Joel Johnson, Karen Hallberg, Tom Branstetter, Danine Rose, Sharon Gregor, Charles Kimball, David Malingo, Belinda Kittle, Byron Myers, and Theresa Whisennand, Plaintiffs and Appellants, v. Curt CHISHOLM, Director of the Department of Institutions for the State of Montana; Carroll South, Individually and as Past Director of the Department of Institutions for the State of Montana; Jane Edwards, Superintendent of Montana State Hospital, and the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided February 11, 2000.

Rehearing Denied March 9, 2000.

Attorney(s) appearing for the Case

Jeffrey T. Renz, American Civil Liberties Union of Montana; Clinton, Montana, For Appellants.

P. Keith Keller, Keller, Reynolds, Drake, Johnson & Gillespie, P.C.; Helena, Montana, Bill Gianoulias, Risk Management and Tort Defense; Helena, Montana, Kimberly A. Kradolfer, Agency Legal Services Bureau; Helena, Montana, For Respondents.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Ihler, et al., patients of the Montana State Hospital at Warm Springs, appeal the Order on Remand of the First Judicial District Court, Lewis and Clark County. We affirm in part, reverse in part, and remand.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Whether the District Court abused its discretion in denying the Patients' request for out-of-state hourly rates for...

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