STATE EX REL. BUTTE TEAMSTERS v. DIST. CT.

No. 10486.

374 P.2d 336 (1962)

The STATE of Montana, ex rel., BUTTE TEAMSTERS LOCAL NO. 2, and Ed Kangas, individually and as President of Butte Teamsters Local No. 2, Relators, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF SILVER BOW, and the Honorable John B. McClernan, Judge of said Court, Respondents.

Supreme Court of Montana.

August 31, 1962.


Attorney(s) appearing for the Case

Charles V. Huppe, Helena, for relators.

R. Lewis Brown, Butte, for respondents.


JAMES T. HARRISON, Chief Justice.

On August 14, 1960, following an ex parte hearing upon a petition theretofore filed, this court issued an alternative writ returnable at the hour of 2:00 P.M. on August 20, 1962. Rule IV, § 8, of the Rules of this Court, provides as follows:

"Hearing. When Had. Unless otherwise ordered the hearing shall be had at the time fixed for the return. At or prior to the said return time the opposing party shall serve and...

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