Legal Opinion

DeMasters v. State of Mont.

District Court, D. Montana

Decided February 7, 1986No. CV 86-6-H-CCLPublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LOVELL, District Judge.

Do Montanans, acting through their duly elected state government, have the right to grant unlimited elk hunting licenses to Montana residents (approximately 90,000 annually) while restricting yearly nonresident elk hunting licenses to 17,000 — or does this disparate treatment violate the rights of nonresident hunter applicants under the United States Constitution?

This is the issue raised by plaintiff, a resident of New Mexico, who has brought this suit seeking declaratory judgment and a preliminary injunction stopping the present practice and…

2Cases cited8 opinions

  1. Hughes v. Alexandria Scrap Corp.Supreme Court of the United States · 1976
  2. Baldwin v. Fish and Game Comm'n of Mont.Supreme Court of the United States · 1978
  3. Sierra On-Line, Inc. v. Phoenix Software, Inc.Court of Appeals for the Ninth Circuit · 1984
  4. Apple Computer, Inc. v. Formula International Inc.Court of Appeals for the Ninth Circuit · 1984
  5. Los Angeles Memorial Coliseum Commission v. National Football LeagueCourt of Appeals for the Ninth Circuit · 1980

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3Cited by33 opinions

  1. Shepherd v. State, Department of Fish & GameAlaska Supreme Court · 1995
  2. Terk v. RuchDistrict Court, D. Colorado · 1987
  3. Brooktree Corp. v. Advanced Micro Devices, Inc.District Court, S.D. California · 1988
  4. Adams v. United States Department of StateDistrict Court, District of Columbia · 2013
  5. Banks v. Food and Drug AdministrationDistrict Court, District of Columbia · 2012

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