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STATE EX REL. NYBO v. DIST. COURT OF FIRST J.D.

No. 12171.

492 P.2d 1395 (1972)

STATE ex rel. Ken NYBO, Petitioner, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK, and the Honorable Victor H. Fall, Judge, Respondents.

Supreme Court of Montana.

Decided January 20, 1972.

Attorney(s) appearing for the Case

Kendrick Smith argued, Butte, Stanley M. Doyle appeared, Polson, for appellant.

Arnold H. Olsen argued, Helena, for respondents.

Robert L. Woodahl, Atty. Gen., Helena, for amicus curiae.

PER CURIAM.

This is an original proceeding seeking a writ of prohibition directed to the district court of the first judicial district, Judge Fall presiding. On November 15, 1971, a petition was filed in this court seeking to set aside an order denying a motion to quash a writ of mandate issued by Judge Fall.

Petitioner Ken Nybo had been named defendant in an application for an alternative writ of mandamus in cause No. 35351, filed October 26, 1971, in the...

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