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STATE EX REL. NEISS v. DIST. CT., THIRTEENTH J.D.

No. 12495.

511 P.2d 979 (1973)

STATE of Montana ex rel. Wilmer C. NEISS and Helen M. Neiss, Husband and Wife, Individually and d/b/a the Carlin Hotel, Petitioners, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana et al., Respondents.

Supreme Court of Montana.

Decided July 10, 1973.

Attorney(s) appearing for the Case

Berger, Anderson, Sinclair & Murphy, Billings, Arnold A. Berger argued, Billings, for petitioners.

Robert L. Woodahl, Atty. Gen., Helena, Jonathan B. Smith argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, Ernest F. Boschert argued, Billings, for respondents.

JOHN C. HARRISON, Justice.

This is an original proceeding brought by petitioners Wilmer C. and Helen M. Neiss, husband and wife, seeking a writ of supervisory control directed to the respondents to appear and show cause why petitioners' motion for summary judgment in the district court should not be granted. The district court of the thirteenth judicial district, Yellowstone County, was the original respondent. The Montana Commissioner of Labor and Industry and the...

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