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STATE EX REL. AMSTERDAM LBR., INC. v. DISTRICT COURT

No. 12626.

516 P.2d 378 (1973)

STATE of Montana ex rel. AMSTERDAM LUMBER, INC., Relator, v. DISTRICT COURT OF the EIGHTEENTH JUDICIAL DISTRICT for the State of Montana IN AND FOR the COUNTY OF GALLATIN, and the Honorable Frank E. Blair, presiding Judge Thereof, Respondents.

Supreme Court of Montana.

Decided November 27, 1973.

Attorney(s) appearing for the Case

Drysdale, McLean & Scully, Bozeman, James A. McLean (argued), Bozeman, for relator.

Lyman H. Bennett, Jr., Lyman H. Bennett, III (argued), Bozeman, for respondents.

HASWELL, Justice.

This is an original proceeding wherein petitioner seeks a writ of mandate or other appropriate writ to compel a district judge to relinquish jurisdiction pursuant to an affidavit of disqualification filed against him in civil cause #20055 in the district court of Gallatin County and to stay further proceedings therein until a new judge assumes jurisdiction.

Petitioner is Amsterdam Lumber, Inc., the...

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