Montana Supreme Court May 4, 2004, 03-239 (Associated Press v. Crofts)
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United States · · · 04-05-2004
JUSTICE LEAPHART
dissenting.
¶39 I dissent.
¶40 I would apply the “functional analysis” that has been urged by amicus curiae State of Montana. Under that analysis, the Court should *205distinguish between “fact-finding” efforts of state agencies and the “deliberative” process whereby state agencies with governmental authority reach substantive decisions.
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