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STATE EX REL. TUCKER v. DISTRICT COURT

No. 11846.

468 P.2d 773 (1970)

The STATE of Montana, ex rel. Roy C. TUCKER, Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF STILLWATER, Respondent.

Supreme Court of Montana.

Decided April 30, 1970.

Attorney(s) appearing for the Case

Berger, Anderson & Sinclair, Billings, Richard Anderson, argued, Billings, for relator.

Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Jack Ramirez, argued, Billings, for respondent.

CASTLES, Justice.

This is an original proceeding seeking a writ of supervisory control to set aside an order of the district court denying a motion to strike an affirmative defense.

Relator here, plaintiff in the court below, filed suit against the Montana Power Company alleging active negligence by the power company in the operation and maintenance of a private railway and tramway, between its Mystic Lake Dam and the power plant below. The power company's...

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