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MADISON v. GRAHAM

No. CV00-18-H-CCL.

126 F.Supp.2d 1320 (2001)

Harvey and Doris MADISON, Charles and Elena D'Autremont, and Harrison Saunders, Plaintiffs, v. Patrick J. GRAHAM, Director, Montana Department of Fish, Wildlife, & Parks; Montana Fish, Wildlife & Parks Commission; and Stan Meyer, David Simpson, Charles Decker, Darlyne Dasher, and Tim Mulligan, Commissioners, Defendants, Montana Wildlife Federation, Montana Chapter of Trout Unlimited, Fishing Outfitters Association of Montana, and Montana Coalition for Stream Access, Defendant-Intervenors.

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

January 4, 2001.

Attorney(s) appearing for the Case

Dale R. Cockrell, Christensen Moore Cockrell Cummings & Axelberg, Kalispell, MT, William P. Pendley, S. Amanda Koehler, Mountain States Legal Foundation, Denver, CO, for plaintiffs.

Robert N. Lane, Helena, MT, Joseph P. Mazurek, Stephen C. Bullock, Office of Montana Attorney General, Helena, MT, John F. Lynch, Helena, MT, for defendants.

James H. Goetz, Richard J. Dolan, Goetz, Gallik, Baldwin & Dolan, Bozeman, MT, for intervenor defendants.

OPINION AND ORDER

LOVELL, Senior District Judge.

Before the court are the motions to dismiss filed by the State Defendants and the Defendant-Intervenors. These motions came on regularly for hearing on December 13, 2000. The court heard argument by William Perry Pendley for the Plaintiffs, by Stephen C. Bullock for the State Defendants, and by James H. Goetz for the Defendant-Intervenors. The court, having considered the briefs filed by the parties...

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