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STATE EX REL. KOBER & KYRISS v. DISTRICT COURT OF THIRTEENTH JUDICIAL DISTRICT

No. 11075.

410 P.2d 945 (1966)

STATE ex rel. KOBER and KYRISS, Petitioners, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the County of Yellowstone, and the Honorable E.E. Fenton, a Judge thereof, Respondents.

Supreme Court of Montana.

January 31, 1966.

Attorney(s) appearing for the Case

Sandall, Moses, Cavan & Battin and Valerie W. Scott (argued), Billings, for petitioners.

Jardine, Stephenson, Blewett & Weaver, Great Falls, John D. Stephenson, Jr., (argued), Great Falls, for respondents.

PER CURIAM:

On January 21, 1966, petitioners filed an application for writ of supervisory control and following an ex parte hearing on that date an order to show cause was issued, returnable at the hour of 10:00 o'clock A.M., on January 31, 1966. On the return day, respondents filed their answer and therein as a third defense alleged: "The petitioners have an adequate remedy by appeal and, therefore, their application for writ of supervisory control should be denied...

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