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STATE v. DISTRICT COURT

No. 3404.

399 P.2d 583 (1965)

The STATE of Wyoming ex rel. Clyde S. FREDERICK and Neoma Frederick, Petitioners, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT IN AND FOR the COUNTY OF BIG HORN, State of Wyoming, and D. J. Harkins, District Judge of the District Court of the Fifth Judicial District, in and for the County of Big Horn, State of Wyoming, Respondents.

Supreme Court of Wyoming.

March 8, 1965.

Attorney(s) appearing for the Case

J. D. Fitzstephens, of Goppert & Fitzstephens, Cody, for petitioners.

John F. Raper, Atty. Gen., Glenn A. Williams, Asst. Deputy Atty. Gen., Dean W. Clark, Spec. Asst. Atty. Gen., Cheyenne, for respondents.

Before PARKER, C.J., and HARNSBERGER and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

Petitioners ask for a writ of prohibition against respondents to prohibit their proceeding with a trial by jury. Previously, the State Highway Commission had filed a petition for condemnation in the district court seeking acquisition of title to certain lands belonging to the Fredericks. After notice, a hearing was held to determine necessity and an order granting...

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