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STATE EX REL. BURLINGTON NORTH, INC. v. DISTRICT CT.

No. 12251.

496 P.2d 1152 (1972)

STATE of Montana ex rel. BURLINGTON NORTHERN, INC., a Corporation, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, the Honorable Truman Bradford, Judge Presiding, respondents.

Supreme Court of Montana.

May 11, 1972.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Helena, Ronald F. Waterman (argued), Helena, Ward Shanahan (appeared), Helena, for relator.

Small, Cummins & Hatch, Helena, Robert Cummins (argued), Helena, Corette, Smith & Dean, Butte, Keller, Reynolds & Drake, Helena, for respondents.

CASTLES, Justice.

This is an application for a writ of supervisory control seeking to direct the district court to enter summary judgment in favor of relator. On ex parte application this Court issued an order to show cause returnable on April 10, 1972. Return was made in the form of a motion to quash, a memorandum in support thereof, a brief and oral argument by counsel.

On March 17, 1972, the district court of the first judicial district, the Hon. Truman...

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