JOHN J. MING, INC. v. DISTRICT COURT

No. 11812.

466 P.2d 907 (1970)

JOHN J. MING, INC., Petitioner, v. The DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF LINCOLN and the Honorable Robert S. Keller, a judge thereof, Respondents.

Supreme Court of Montana.

Submitted February 9, 1970.


Attorney(s) appearing for the Case

Rognlien, Hash & O'Brien, Kalispell, Kenneth E. O'Brien argued, Kalispell, for appellant.

Fennessy, Crocker & Arness, Libby, Franklin Arness argued, Libby, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding wherein petitioner seeks an appropriate writ to require the respondent court to vacate and set aside an order granting a new trial and permitting receipt of additional testimony.

Counsel for petitioner was heard ex parte and thereafter this Court issued an order to show cause. In response to the order respondents filed a motion to quash, motion to dismiss, answer and return, together with memorandum...

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