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STATE EX REL. PAT GRIFFIN COMPANY v. CITY OF BUTTE

No. 11440.

445 P.2d 739 (1968)

STATE ex rel. PAT GRIFFIN COMPANY, a Wyoming Corporation, Relator and Appellant, v. CITY OF BUTTE, a Municipal Corporation, Respondent and Respondent.

Supreme Court of Montana.

Rehearing Denied October 28, 1968.

Attorney(s) appearing for the Case

Poore, McKenzie, Roth & Robischon, Butte, James A. Robischon (argued), Butte, for appellant.

Maurice Hennessey (argued), Butte, for respondent.

JAMES T. HARRISON, Chief Justice.

This appeal from the district court of Silver Bow County involves a petition for a writ of prohibition filed by appellant, Pat Griffin Co., against respondent, City of Butte, seeking to prohibit the enforcement of Ordinance No. 2283. The City filed a motion to quash and challenged the appellant's right to proceed by prohibition. On January 8, 1968, Judge W.W. Lessley, having assumed jurisdiction...

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