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STATE v. DISTRICT COURT

No. 9546.

305 P.2d 1101 (1957)

The STATE of Montana ex rel. Don TRIPP and Clarence Tripp, Relators, v. The DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF MISSOULA and the hon. C. E. Comer, Judge thereof, Respondents.

Supreme Court of Montana.

Rehearing Denied January 7, 1957.

Attorney(s) appearing for the Case

Shallenberger & Paddock, Missoula, William F. Shallenberger and Missoula, argued orally, for relators.

Oskar O. Lympus, Missoula, for respondents.

ANGSTMAN, Justice.

This is an original application for a writ of prohibition or other appropriate writ challenging the jurisdiction of the respondent court to grant a new trial in a certain action.

The facts out of which the controversy arises are these: The Dewey Milling Timber Products, a corporation, hereinafter called the Dewey Company, brought an action against relators in the respondent court to recover the purchase price of lumber alleged to have been...

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