STATE v. DISTRICT COURT OF THIRD JUDICIAL DISTRICT

No. 11310.

430 P.2d 624 (1967)

STATE of Montana ex rel. CAVE CONSTRUCTION COMPANY, Plaintiff and Petitioner, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT IN AND FOR the COUNTY OF GRANITE and the Honorable Sid G. Stewart, Judge Presiding, Respondent.

Supreme Court of Montana.

Decided July 6, 1967.


Attorney(s) appearing for the Case

H. William Coder (argued), and Howard C. Burton, Great Falls, for petitioner.

Robert J. Boyd and John N. Radonich, Anaconda, William R. Taylor (appeared), Deer Lodge, Robert J. Boyd (argued), Anaconda, for respondent.


JOHN C. HARRISON, Justice.

This is an original proceeding on an application for a writ of supervisory control or other appropriate writ.

In August 1960, the petitioner entered into a contract with the Lower Willow Creek Drainage District for the construction of an earthfilled dam and measuring flumes. The petitioner's successful bid was based on plans and specifications furnished by the Drainage District which included the excavation of materials from the...

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