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Supreme Court takes suit over smoking ban law

 


HELENA - The Montana Supreme Court has agreed to decide whether a new state law that restricts local smoking bans is constitutional.

In a 5-2 decision Wednesday, the court said it will consider four of six issues presented by opponents of the law because the points are ''purely constitutional questions of major statewide importance.''

The procedural order, unusual in allowing a dispute to bypass a trial in District Court, could lead to a ruling that resolves the case. Should the high court conclude the law is unconstitutional, pending lawsuits in the lower court would be moot.

However, if t...



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