STATE v. DISTRICT CT. OF FOURTEENTH JUD. DIST.

Nos. 13930, 13931 and 13932.

572 P.2d 201 (1977)

STATE of Montana (J. Patrick Byorth) (Dorothy D. Bleeker) (Edward B. Campen), upon Applications for Writ of Supervisory Control, Relators, v. The DISTRICT COURT OF THE FOURTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF GOLDEN VALLEY, and the Honorable Nat Allen, Presiding District Judge, Respondents.

Supreme Court of Montana.

Decided December 5, 1977.


Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Cale J. Crowley (argued), Ronald R. Lodders (argued), Billings, for relators.

Longan & Holmstrom, Robert W. Holmstrom (argued), Anderson, Symmes, Forbes, Peete & Brown, James L. Jones (argued), Hibbs, Sweeney & Colberg, Maurice R. Colberg, Jr. (argued), Moulton, Bellingham, Longo & Mather, Moses, Tolliver & Wright, Billings, for respondents.


GORDON BENNETT, District Judge, sitting for HASWELL, J.

Relator State of Montana seeks an appropriate writ requiring the respondent District Court to vacate its order denying the State's identical motions in three actions now pending in the District Court. The actions arose from the death of four people in a highway accident. Negligence on the part of the State in construction and maintenance of the highway was alleged.

The State moved for summary judgment...

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