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STATE v. DISTRICT COURT OF NINTH JUDICIAL DIST.

No. 12862.

529 P.2d 1406 (1974)

STATE of Montana upon the relation of Duncan Peder McKenzie, Jr., Petitioner, v. The DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT of the State of Montana, and R.D. McPhillips, Respondent.

Supreme Court of Montana.

September 30, 1974.

Attorney(s) appearing for the Case

Barney Reagan, Cut Bank, for petitioner.

ORDER

PER CURIAM:

In this original proceeding petitioner sought to have an order made and entered on September 13, 1974, by the Honorable R.D. McPhillips, District Judge, in criminal cause 709 entitled "The State of Montana vs. Duncan Peder McKenzie, Jr., Defendant," vacated, and for costs and attorney fees.

Counsel was heard in oral argument exparte and the matter taken under advisement.

Thereafter, and on September 23, 1974, the district...

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