STATE EX REL. KIDDER v. FOUSE

No. 10129.

353 P.2d 755 (1960)

STATE of Montana on the relation of Lester KIDDER, Relator, v. W.J. FOUSE, as State Administrator of Public Welfare; State Board of Public Welfare; and Dr. M.F. Keller, M.W. Edwards, Mrs. Ray Nelson, Mrs. Dan Williams and H.A. Tibbals, constituting the State Board of Public Welfare, and as members thereof, and Gene Daly, Gary Gorsh, and Willis Gerry, constituting the Board of County Commissioners of Silver Bow County, Montana, and ex officio the County Board of Welfare of Silver Bow County, Montana, Respondents.

Supreme Court of Montana.

Decided June 13, 1960.


Attorney(s) appearing for the Case

William Freebourn, Butte, for relator.

Forrest H. Anderson, Atty. Gen., Thomas H. Mahan, Sp. Asst. Atty. Gen., Maurice F. Hennessey, County Atty., Silver Bow County, Butte, for respondents. Thomas H. Mahan and Maurice F. Hennessey argued orally.


ADAIR, Justice.

Mandamus. Original proceeding. On January 20, 1960, the relator, Lester Kidder, petitioned this court for a writ of mandate to compel the respondents, State Board of Public Welfare, the respondent W.J. Fouse, as State Administrator of Public Welfare, and others, to make written application to the State Board of Examiners, under the provisions of section 2 of Chapter 40 of the Montana Session Laws of 1937 (now R.C.M. 1947, § 79-902), or to use...

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