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STATE EX REL. HI-BALL CONTR. v. DISTRICT COURT

No. 11753.

460 P.2d 751 (1969)

The STATE OF MONTANA ex rel. HI-BALL CONTRACTORS, INC., Relator, v. The DISTRICT COURT OF the SIXTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF FALLON, and the Honorable Alfred B. Coate, Presiding Judge thereof, Respondents.

Supreme Court of Montana.

October 31, 1969.

Attorney(s) appearing for the Case

Hutton, Schiltz & Sheehy, Billings, John C. Sheehy (argued), Billings, Brent R. Cromley (argued), Billings, for relator.

Hughes & Bennett, Helena, Michael J. Hughes (argued), Helena, Gene Huntley, Baker, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an original proceeding wherein relator seeks an appropriate writ, alleging that respondent court has made an erroneous ruling, within jurisdiction, resulting in an injustice to relator with no adequate remedy by appeal.

Following ex parte hearing of counsel for relator we ordered respondent court to transmit the original court file in its cause No. 3967 to this Court and that counsel for relator and respondents appear...

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