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STATE EX REL. McGHEE v. DISTRICT CT. OF SIXTEENTH J.D.

No. 12454.

508 P.2d 130 (1973)

STATE EX REL. R.W. McGHEE, H.L. McGHEE ET AL., Petitioners, v. the DISTRICT COURT OF THE SIXTEENTH JUDICIAL DISTRICT et al., Respondents.

Supreme Court of Montana.

Decided March 29, 1973.

Attorney(s) appearing for the Case

Lucas, Jardine & Monaghan, Miles City, James P. Lucas argued, Miles City, for petitioners.

Gene Huntley argued, Baker, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an original proceeding commenced by R.W. McGhee, H.L. McGhee, and McGhee and McGhee, a partnership, hereinafter referred to as petitioners. Petitioners request this Court to take supervisory control of the district court of Fallon County and vacate an order of that court denying summary judgment in favor of all the petitioners. The petition alleges the district court erred as a matter of law:

"(I)n not concluding...

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