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STATE v. DISTRICT COURT, FOURTH JUDICIAL DISTRICT

No. 9850.

317 P.2d 309 (1957)

STATE of Montana, ex rel. MONTANA STATE UNIVERSITY, et al., Relators, v. DISTRICT COURT, FOURTH JUDICIAL DISTRICT, and The Hon. C. E. Comer, Presiding Judge thereof, Respondents.

Supreme Court of Montana.

Decided October 31, 1957.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., William F. Crowley, Asst. Atty. Gen., for relators.

William F. Crowley, Asst. Atty. Gen., argued orally.

Leon L. Bulen, Missoula, argued orally, for respondent.

CASTLES, Justice.

Upon petition of the relators, this court issued an alternative writ of prohibition returnable on September 9, 1957, at 2:00 p.m. Upon the return day the respondent district court and its judge, the Honorable C.E. Comer, filed its response to the alternative writ of prohibition and through counsel filed a motion to quash the alternative writ of prohibition.

The petition of relators complained that the respondent judge, the Honorable C.E....

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