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No

No. 98-066 IN THE SUPREME COURT OF THE STATE OF MONTANA 1999 MT 261 296 Mont. 361 989 P.2d 364 JAMES H. ARMSTRONG, M.D.; SUSAN CAHILL, P.A.; BARBARA POLSTEIN, D.O.; MINDY OPPER, P.A.; and BLUE MOUNTAIN CLINIC, on behalf of themselves and their patients throughout Montana, the surrounding states and Canada, Plaintiffs and Respondents, v. THE STATE OF MONTANA and JOSEPH P. MAZUREK, in his official capacity as Attorney General for the State of Montana and his agents and successors, Defendants and Appellants. APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark,

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No

The Honorable Jeffrey M. Sherlock, Judge presiding. COUNSEL OF RECORD: For Appellant: Joseph P. Mazurek, Attorney General, Clay R. Smith, Solicitor (argued), Helena, Montana For Respondent: Janet Benshoof, Simon Heller (argued), Julie F. Kay, The Center for Reproductive Law & Policy, New York, New York; Bruce Measure, Law Offices of Ambrose Measure, Kalispell, Montana Heard: October 15, 1998 Submitted: July 1, 1999 Decided: October 26, 1999 Filed: _______________________________________ Clerk

Justice James C. Nelson delivered the Opinion of the Court.

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Montana Law