STATE EX REL. WOODAHL v. DISTRICT COURT, ETC.

No. 12517.

511 P.2d 318 (1973)

STATE ex rel. Robert WOODAHL, Attorney General of the State of Montana, and Lawrence G. Stimatz, County Attorney of Silver Bow County, Montana, Petitioners, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SILVER BOW, and the Honorable James D. Freebourn et al., Respondents.

Supreme Court of Montana.

Decided June 19, 1973.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Edward Laws (argued), Asst. Atty. Gen., Helena, Lawrence G. Stimatz, County Atty., William M. Kirkpatrick, Butte, for petitioners.

James D. Freebourn (argued), Butte, Maurice F. Hennessey (argued), Butte, for respondent.


CASTLES, Justice.

This is an original proceeding seeking a writ of supervisory control over the district court of the second judicial district, the Honorable James D. Freebourn presiding. Petitioners are the Montana Attorney General and the County Attorney of Silver Bow County. On ex parte application this Court issued an order which stated in part:

"Petitioners in this original proceeding seek a writ of supervisory control or other appropriate writ to reverse...

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