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STATE v. DISTRICT COURT OF FIFTH JUDICIAL DISTRICT

No. 10150.

355 P.2d 664 (1960)

STATE of Montana ex rel. the MONTANA MILK CONTROL BOARD, Relators, v. DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT of the State of Montana, in and for the COUNTY OF BEAVERHEAD, and the Honorable Philip C. Duncan, the Judge thereof, Respondents.

Supreme Court of Montana.

Decided October 4, 1960.

Attorney(s) appearing for the Case

Geoffrey L. Brazier, Helena, argued orally, for relators.

Frank M. Davis and Carl M. Davis, Dillon, argued orally, for respondents.

HARRISON, Chief Justice.

Relator filed this original proceeding on May 3, 1960, praying for a writ of prohibition to quash, vacate, and dissolve a restraining order issued by the respondent district court.

It appears that on March 14, 1960, relator caused to be issued a notice of a public hearing to be held for the purpose of obtaining evidence to assist the relator Milk Control Board in determining what are reasonable...

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