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STATE EX REL. CRAIG v. DISTRICT COURT

No. 11724.

458 P.2d 608 (1969)

The STATE of Montana, ex rel. Arlie E. Craig, as Executor of the Estate of John S. Craig, Deceased, Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF YELLOWSTONE, and DEPARTMENT NO. 1 thereof, Respondent.

Supreme Court of Montana.

Decided September 4, 1969.

Attorney(s) appearing for the Case

Berger, Anderson & Sinclair, Richard W. Anderson (argued), Billings, for relator.

Ernest F. Boschert (argued), Billings, for respondent.

CASTLES, Justice.

This is a special proceeding in which relator seeks a writ of supervisory control or other appropriate writ dismissing the contest of probate of will in respondent court.

On August 12, 1969 relator appeared through counsel and was heard by this Court ex parte. On that day we ordered the respondent to appear on September 2, 1969, to show cause why an appropriate writ should not issue. Due to the unusual circumstance that the respondent district...

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