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STATE EX REL. J.C. PENNEY CO. v. DISTRICT COURT

No. 11774.

465 P.2d 824 (1970)

STATE ex rel. J. C. PENNEY CO., Inc., Petitioner, v. The DISTRICT COURT OF the ELEVENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF FLATHEAD, and the Honorable Robert S. Keller, a Judge thereof, Respondents.

Supreme Court of Montana.

Decided February 26, 1970.

Attorney(s) appearing for the Case

Korn, Warden & Walterskirchen, Gary Christiansen (argued), Kalispell, for petitioner.

Murphy, Robinson, Heckathorn & Phillips, I. James Heckathorn (argued), Kalispell, for respondents.

CASTLES, Justice.

This is an original proceeding seeking a writ of supervisory control. We issued an order to show cause on ex parte application. Return was made and argument had.

Petitioner is the defendant in cause No. 19,473 entitled Bessie Chrisinger, Plaintiff v. J.C. Penney Co., Inc., Defendant, in the Eleventh Judicial District of Flathead County wherein the plaintiff seeks damages for injuries as a result of a fall on a sidewalk adjacent to the defendant...

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