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STATE v. INDUSTRIAL ACCIDENT BOARD

No. 10254.

362 P.2d 852 (1961)

STATE of Montana ex rel. Glen F. FISH, Relator, v. INDUSTRIAL ACCIDENT BOARD of the State of Montana, Robert F. Swanberg, Chairman, Respondent.

Supreme Court of Montana.

June 9, 1961.

Attorney(s) appearing for the Case

Frank Burgess, Harry C. Alley, Butte, argued orally for relator.

L.V. Harris, Helena, argued orally for respondent.

CASTLES, Justice.

This is an original proceeding in which the relator seeks a writ of prohibition to prohibit the Industrial Accident Board from further consideration of a record taken at a hearing before a referee under circumstances hereinafter related. We granted an alternative writ on May 1, 1961, returnable on May 11, 1961.

On the return day the respondent Board appeared by a motion to quash service of the writ, a motion to quash the alternative writ...

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