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STATE v. LACKLEN

No. 9419.

284 P.2d 998 (1955)

STATE of Montana, ex rel. Richard W. BURNS, William S. King and Alice D. Ryniker, Relators and Respondents, v. Edward LACKLEN, as Clerk of School District No. 2, of Yellowstone County, Montana, and Sterling M. Wood, Grant Boorman, Harold Fraser, Fred Hoffman, Earl E. Tiffany, Floyd Thompson and Verlin E. Cox, as Trustees of School District No. 2, of Yellowstone County, Montana, and constituting as a whole, the Board of Trustees for said District, Respondents and Appellants.

Supreme Court of Montana.

Decided June 13, 1955.

Attorney(s) appearing for the Case

Ralph J. Anderson and Stanley P. Sorenson, Helena, for appellants.

William G. Mouat and Lee Overfelt, Billings, for respondent.

Mr. Anderson and Mr. Mouat argued orally.

THE HON. JACK R. LOUCKS, District Judge, sitting for Mr. Justice Davis who deemed himself disqualified.

This is an appeal from a judgment of the district court of Yellowstone County, wherein the relators below sought and obtained a peremptory writ of prohibition. Involved is the construction of R.C.M. 1947, section 75-1606, relating to the nomination and election of school trustees and sections 90-401 and 90-407, prescribing the statutory rules for computing time...

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