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STATE v. SCHOOL DISTRICT NO. 44

No. 11337.

428 P.2d 974 (1967)

STATE of Montana ex rel. Howard C. Tilzey, Albert Pospisil, Albert Larsen, Ray Robinson, Clarence Biehl and Raymond Barta, Plaintiffs, v. SCHOOL DISTRICT NO. 44 and Moore High School District of Fergus County, Montana, and Edward J. Majerus and James Wichman, Individually, and as members of the Board of Trustees of said School Districts, Defendants.

Supreme Court of Montana.

Decided June 15, 1967.

Attorney(s) appearing for the Case

Edmund P. Sedivy, James Morrow, Jr. (argued), Bozeman, for plaintiffs.

Ross W. Cannon, Helena, Neil Height, County Atty. (argued), Peter L. Rapkoch (argued), Lewistown, for defendants.

PER CURIAM:

This is an original proceeding wherein petitioners seek a writ of mandamus. Following an ex parte hearing on May 24, 1967, this court made an order for issuance of alternative writ of mandamus. The alternative writ demanded in substance that defendants proceed as soon as reasonably possible with the sale of school bonds or appear in this court on June 5, 1967, to show cause why such sale of school bonds should...

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