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STATE EX REL. FIRST NAT. B. & T. CO. v. DISTRICT COURT

No. 12401.

505 P.2d 408 (1973)

STATE of Montana ex rel. FIRST NATIONAL BANK AND TRUST COMPANY OF HELENA, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF LEWIS AND CLARK and the Honorable Gordon R. Bennett, Presiding Judge Thereof, Respondents.

Supreme Court of Montana.

Decided January 9, 1973.

Attorney(s) appearing for the Case

Small, Cummins & Hatch, Helena, Robert Cummins, argued, Helena, Patrick F. Hooks, argued, Townsend, for relator.

Arthur P. Acher and Robert E. Swanberg, Helena, Robert F. Swanberg argued, Helena, for respondents.

HASWELL, Justice.

Relator seeks through this original proceeding a writ of supervisory control to require the respondent court to vacate its order denying summary judgment on its behalf.

Relator is one of the defendants named in cause No. 35473, filed on December 10, 1971, in the district court of Lewis & Clark County, entitled John W. Foster, Plaintiff, v. First National Bank & Trust Co. of Helena, et al., Defendants, wherein plaintiff seeks damages...

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