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STATE v. DISTRICT COURT OF EIGHTH JUDICIAL DISTRICT

No. 9350.

263 P.2d 971 (1953)

STATE of Montana ex rel. Eugene BROWN, Relator, v. DISTRICT COURT OF EIGHTH JUDICIAL DISTRICT, IN AND FOR CASCADE COUNTY, and the Honorable C. F. Holt, a Judge thereof, Respondents.

Supreme Court of Montana.

December 2, 1953.

Attorney(s) appearing for the Case

H. B. Hoffman, Great Falls, Orin R. Cure, for appellant.

Arnold H. Olsen, Atty. Gen., Hubert J. Massman, Asst. Atty. Gen., Ted James, County Atty., Great Falls, for respondent.

ANDERSON, Justice.

This cause having been consolidated on appeal with No. 9349, State ex rel. Bresnahan v. District Court and involving the same questions, the writ applied for is denied and the proceeding is dismissed for the reasons set forth in State ex rel. Bresnahan v. District Court, Mont., 263 P.2d 968.

ADAIR, C. J., and ANGSTMAN, J., concur.

BOTTOMLY, J., dissents.

FREEBOURN, Justice.

I dissent...

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