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STATE v. DISTRICT COURT

No. 9812.

313 P.2d 1034 (1957)

STATE of Montana, ex rel., Eugene O. THOMPSON, d/b/a Sports Enterprises, Relator, v. DISTRICT COURT, FOURTH JUDICIAL DISTRICT, Missoula County, and the Hon. C.E. Comer, Judge thereof, Respondents.

Supreme Court of Montana.

Decided July 8, 1957.

Rehearing Denied July 30, 1957.

Attorney(s) appearing for the Case

D.A. Paddock, Robert R. Skelton, Missoula, Robert R. Skelton, Missoula, argued orally, for relator.

Anthony F. Keast, County Atty., Missoula, Lyman J. Hall and H.J. Pinsoneault, Deputy Co. Attys., Missoula, Anthony F. Keast, County Atty., and H.J. Pinsoneault, Deputy County Atty., argued orally for respondent.

HARRISON, Chief Justice.

This is an original proceeding.

On April 25, 1957, a number of property owners and residents of the East Missoula community filed complaint in the district court of Missoula County, wherein Eugene O. Thompson, doing business as Sports Enterprises, a fictitious name, was the defendant.

The complaint alleged that the defendant, his agents, servants and employees were in possession and...

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