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STATE v. DISTRICT COURT OF THIRTEENTH JUD. DIST.

No. 11275.

423 P.2d 291 (1967)

The STATE of Montana ex rel. STANDARD LIFE AND ACCIDENT INSURANCE COMPANY, 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 Guy C. Derry, District Judge Presiding, Respondents.

Supreme Court of Montana.

Decided January 30, 1967.

Attorney(s) appearing for the Case

Crowley, Kilbourne, Haughey, Hanson & Gallagher & Krieg, Billings, Gareld F. Krieg (argued), Billings, for relators.

Sandall, Moses & Cavan, Billings, John Cavan, Jr. (argued), Jeffrey J. Scott (argued), Billings, for respondents.

PER CURIAM.

This is an original proceeding, seeking a writ of supervisory control.

Relator was defendant in Wolff v. Standard Life & Accident Insurance Co., Cause No. 10993, which case was decided by this court in an opinion filed May 3, 1966, 147 Mont. 460, 416 P.2d 11. In that opinion, the cause was remanded to the district court, granting a new trial unless plaintiff within ten days after remittitur filed his consent...

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