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STATE v. DISTRICT COURT, MINERAL COUNTY

No. 10102.

348 P.2d 132 (1959)

STATE of Montana ex rel. STATE HIGHWAY COMMISSION of the State of Montana and Harry L. Burns, L. V. Swanson, Otis S. Waters, S. N. Halvorson and Roy L. Sorrels, as members of and constituting the State Highway Commission of the State of Montana, Plaintiffs, v. DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT, MINERAL COUNTY, and Honorable E. Gardner Brownlee, District Judge Thereof, Respondents.

Supreme Court of Montana.

October 23, 1959.

Attorney(s) appearing for the Case

Paul T. Keller, Clayton R. Herron, Paul F. Reynolds and Donald A. Douglas, Helena, for relators.

Gille V. Wooten, Hugh G. Kidder, Missoula, for respondents.

PER CURIAM.

This is an original proceeding seeking the issuance of an appropriate writ to the District Court of the Fourth Judicial District, in and for the County of Mineral, and the Honorable E. Gardner Brownlee, one of the district judges thereof.

Relators in their petition disclose that on or about September 29, 1958, the State Highway Commission of the State of Montana filed a condemnation action in the respondent court for the purpose of condemning certain...

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