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STATE v. DISTRICT COURT, COUNTY OF SILVER BOW

No. 10094.

348 P.2d 143 (1959)

STATE of Montana ex rel. Rex F. HENNINGSEN, S. O. Meyer and Kendrick Smith, Relators, v. DISTRICT COURT OF the SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SILVER BOW, and the Honorable John B. McClernan, one of the judges thereof, Respondents.

Supreme Court of Montana.

Decided October 15, 1959.

Attorney(s) appearing for the Case

Rex F. Henningsen, S. O. Meyer, Kendrick Smith, Butte, for relators. Rex F. Henningsen, Butte, argued orally.

Maurice F. Hennessey, County Atty., Robert J. Holland, Butte, for respondents. Maurice F. Hennessey, County Atty., argued orally.

PER CURIAM.

This is an original proceeding. Petitioners seek a writ of prohibition from this court directed to the Honorable John B. McClernan, Judge of the District Court of the Second Judicial District in and for the County of Silver Bow, to prohibit the said judge from calling civil and criminal cases now pending or to be pending to be tried before a jury venire, panel or array, drawn otherwise than in accordance with the statutes of Montana.

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