STATE, STATE FISH & GAME COM'N v. DISTRICT COURT

No. 12562.

517 P.2d 359 (1973)

STATE of Montana, acting By and Through the STATE FISH AND GAME COMMISSION and members thereof, Petitioner, v. DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT of the State of Montana IN AND FOR the COUNTY OF MADISON and Hon. Frank E. Blair, Judge thereof, Respondents.

Supreme Court of Montana.

Decided December 12, 1973.


Attorney(s) appearing for the Case

Clayton R. Herron argued, Helena, for petitioner.

Corette, Smith & Dean, Butte, Kendrick Smith argued, Butte, for respondents.


LEROY L. McKINNON, District Judge.*

This is an original proceeding wherein the State Fish and Game Commission, plaintiff in district court, brought this petition for an appropriate writ to control the actions of the district court.

The petitioner is seeking to condemn certain property known as "Beaverhead Rock" for use as a state historical site. In State of Montana, acting by and through the State Fish and Game Commission and...

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