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STATE v. DISTRICT COURT

No. 10244.

364 P.2d 739 (1961)

STATE of Montana ex rel. Judith A. CARROLL, Administrator of the Estate of Robert S. Carroll, Deceased, Relator, v. DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and the Honorable Victor H. Fall, Presiding Judge thereof, Respondents.

Supreme Court of Montana.

Decided September 12, 1961.

Attorney(s) appearing for the Case

Myles J. Thomas and Floyd O. Small, Helena, for relator.

John H. Risken, Helena, for respondents.

Franklin S. Longan, Billings, for amicus curiae.

DOYLE, Justice.

This is an original proceeding for a writ of prohibition or supervisory control filed in this court on April 17, 1961.

The relator seeks to require the respondent court to strike a complaint in intervention heretofore filed in the district court of Lewis and Clark County. The facts are briefly these:

Robert S. Carroll departed this life on October 10, 1960, being at the time of his death a resident of Lewis and Clark County, leaving...

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