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STATE HIGHWAY COMM'N v. DIST. CT.

No. 11283.

427 P.2d 49 (1967)

The State of Montana, on the relation of the STATE HIGHWAY COMMISSION of the State of Montana, Relators, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTIRCT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and the Honorable Nat Allen, District Judge, Respondents.

Supreme Court of Montana.

Decided April 28, 1967.

Rehearing denied May 17, 1967.

Attorney(s) appearing for the Case

Daniel J. Sullivan (argued), Helena, Charles Secrest (argued), Helena, for relators.

Erickson & Richards, Helena, Jerrold R. Richards (argued), Helena, for respondents.

PER CURIAM:

Original proceeding. Relator State Highway Commission by its petition seeks an appropriate order to annul an order of the district court granting a motion for inspection under Rule 34, M.R.Civ.P. Following an ex parte hearing this court issued an alternative order to show cause and in response thereto respondents appeared by motion to quash and answer and return. Oral argument was had and the matter submitted.

It appears that a condemnation proceeding...

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