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SMITH EX REL. SMITH v. DISTRICT COURT

No. 9098.

233 P.2d 397 (1951)

STATE ex rel. SMITH, et al. v. DISTRICT COURT, FIFTH JUDICIAL DISTRICT, MADISON COUNTY, et al.

Supreme Court of Montana.

July 18, 1951.

Attorney(s) appearing for the Case

Frank E. Blair, Virginia City, Doepker & Hennessey, Butte, for appellant.

Lyman H. Bennett, Jr., Virginia City, Charles L. Zimmerman, Butte, for respondents.

PER CURIAM.

Certiorari. This court caused to be issued and served upon respondents its writ of certiorari returnable July 10, 1951. On trial day respondents interposed a motion to quash the writ. It was also represented to the court and conceded by the parties litigant that subsequent to application made to this court for the writ that the parties had entered into a stipulation for the utilization of the range involved for the season of 1951 and had posted...

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