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STATE v. SMITH

No. 10659

394 P.2d 758 (1964)

STATE of Montana ex rel. MONTANA MOTOR TARIFF BUREAU, INC., Relator and Appellant, v. Paul T. SMITH, Jack Holmes and Lou Boedecker, Individually and as constituting the Board of Railroad Commissioners of the State of Montana, et al., Respondents and Respondents.

Supreme Court of Montana.

Decided August 17, 1964.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Jerome Anderson (argued), Billings, for appellant.

Lamey, Crowley, Kilbourne, Haughey & Hanson, Billings, Mufich & Lynch and Edwin S. Booth, Helena, George C. Dalthorp, Billings, and Lewis Harris, St. Paul, Minn., William P. Mufich, Helena, Neil J. Lynch, Butte, and George C. Dalthorp (argued), Billings, for respondents.

DOYLE, Justice.

This is an appeal from an order of the district court of the thirteenth judicial district of the State of Montana, granting the respondents' motion to quash an alternative writ of mandate and to dismiss the affidavit for writ in the proceedings therein.

The facts, briefly stated, are these: The Montana Lines Committee, as a representative of the respondent railroad lines, filed before the Board of Railroad Commissioners of the State of Montana...

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