STATE v. MONT. LVSTK. SAN. BD.

No. 9958.

339 P.2d 487 (1959)

STATE of Montana ex rel. A.G. Lee, Relator and Respondent, v. MONTANA LIVESTOCK SANITARY BOARD, a State board,, and James J. Hurry, Respondents and Appellants.

Supreme Court of Montana.

Decided May 6, 1959.

Rehearing Denied June 1, 1959.


Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Robert J. Emmons, Asst. Atty. Gen., Helena, for appellant.

Hugh J. Lemire, Miles City, for respondent.


JAMES T. SHEA, District Judge.

This appeal is taken from a judgment granting respondent Lee's application for a writ of prohibition commanding the appellant Board to cease its activities in connection with compelling the respondent to present certain of his cattle for brucellosis testing.

Prior to the institution of this action in the district court the Board had, upon petitions ostensibly complying with sections 46-212 and 46-213, R.C.M. 1947, issued its...

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