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STATE EX REL. FALLON COUNTY v. DISTRICT COURT

No. 12383.

505 P.2d 120 (1972)

The STATE of Montana ex rel. FALLON COUNTY, Montana, Plaintiff, v. The DISTRICT COURT OF THE SIXTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF FALLON, and the Honorable Alfred B. Coate, Judge Presiding Therein, Defendants.

Supreme Court of Montana.

Decided December 26, 1972.

Attorney(s) appearing for the Case

Habedank, Cumming & Best, Sidney, Otto T. Habedank (argued), Sidney, Jacque W. Best (argued), Sidney, for plaintiff.

Gene Huntley (argued), Baker, for defendants.

HASWELL, Justice.

This is an original proceeding seeking supervisory control to review and reverse a denial of summary judgment to defendant in a damage action by a motorist who allegedly suffered personal injuries in an automobile accident. The order denying summary judgment was entered in the district court of the sixteenth judicial district, Fallon County, by the Hon. Alfred B. Coate, district judge.

Relator, defendant below, is Fallon County. Respondent...

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