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STATE v. DISTRICT COURT

No. 10330.

366 P.2d 435 (1961)

STATE of Montana ex rel. Dan FULTON, John C. Alley and E.J. Byrne, as members of the State Board of Equalization, Relators, v. DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF CASCADE, and the Honorable R.V. Bottomly, one of the Judges thereof, Respondents.

Supreme Court of Montana.

Decided November 21, 1961.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Donald A. Garrity, Asst. Atty. Gen., for relators. Sidney O. Smith, Helena, argued orally.

Skedd, Harris, & Massman and L. Vernon Harris, Helena, for respondents. Hubert J. Massman, Helena, argued orally.

A. W. Scribner, Helena, amicus curiae.

CASTLES, Justice.

This is an original proceeding before this court. The relators sought by petition and affidavit a writ to prohibit the district court of the eighth judicial district from further proceedings in a matter hereinafter more fully described. We issued an alternative writ of prohibition, prohibiting further action, and to appear and show cause why it should not be prohibited permanently. A return to the alternative writ was made by counsel for the district...

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