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STATE EX REL. KINMAN v. DIST. CT.

No. 10992.

404 P.2d 517 (1965)

146 Mont. 74

The STATE of Montana, on the relation of B.C. KINMAN and Mary Ann Kinman, 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 Department No. 1 of said Court, Respondents.

Supreme Court of Montana.

Rehearing Denied August 17, 1965.

Attorney(s) appearing for the Case

Joseph P. Monaghan, Butte, for petitioners.

PER CURIAM.

Original proceeding. Petition seeking the issuance of a writ of review to be directed to the Honorable John B. McClernan, District Judge of the District Court of Silver Bow County, Montana, in a condemnation action commenced on October 9, 1963. Petitioners allege that the named district judge has abused his discretion.

The possibility of the filing of an original proceeding in this matter was first brought to the attention of the Chief Justice...

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