STATE v. DISTRICT COURT OF THIRD JUDICIAL DISTRICT

No. 11098.

412 P.2d 577 (1966)

The STATE of Montana on the relation of COMINCO AMERICAN INCORPORATED, et al., Relators, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF GRANITE, et al., Respondents.

Supreme Court of Montana.

Decided April 1, 1966.


Attorney(s) appearing for the Case

MacCalman & Beighle, Donald J. Beighle (argued), Deer Lodge, Corette, Smith, Dean & Robischon, Kendrick Smith (argued), Butte, for relators.

Michael J. O'Connell (argued), Bozeman, for respondents.


CASTLES, Justice.

This is an original proceeding, being an application for a writ of supervisory control. As will later appear the application was invited by the respondent District Court. We issued an order to show cause; return was made by a motion to quash. No answer as such was made. Therefore we deem the fact statements contained in the petition and supporting papers to be uncontroverted. Oral argument was had.

Relators are defendants in the court below...

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