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STATE v. DISTRICT COURT, STATE OF MONTANA, SANDE

No. 11238.

425 P.2d 326 (1966)

The STATE of Montana, on the relation of Willard E. FRASER, Mayor of the City of Billings, Montana, and William J. Fry, City Clerk of the City of Billings, Montana, Relators, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of montana, IN AND FOR THE COUNTY OF YELLOWSTONE and the Honorable C.B. Sande, one of the Judges thereof, Respondents.

Supreme Court of Montana.

October 24, 1966.

Attorney(s) appearing for the Case

James W. Thompson, Billings, for relators.

Raymond A. Wright, Billings, for respondents.

ORDER

PER CURIAM:

In this original proceeding, following ex parte presentation of relators' petition seeking a writ of supervisory control, an order to show cause was issued on October 18, 1966, returnable on October 24, 1966. Answer was filed thereto and the matter argued before the court on the return day.

The majority of the court are of the opinion that a writ of supervisory control should not issue and for that reason the relief requested is...

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