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STATE EX REL. FERGUSON v. DISTRICT COURT

No. 12653.

519 P.2d 151 (1974)

STATE of Montana ex rel. Ben FERGUSON and Ferguson Trucking, Relators, v. The DISTRICT COURT OF the EIGHTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF GALLATIN and the Honorable W.W. Lessley, Judge thereof, Respondents.

Supreme Court of Montana.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Anderson & Dasinger, Bozeman, Douglas D. Dasinger, argued, Bozeman, Norman C. Robb, argued, Missoula, for relators.

Brown & Gilbert, Bozeman, Gene I. Brown, argued, Bozeman, for respondents.

CASTLES, Justice.

This is an original proceeding seeking a writ of supervisory control over the district court of Gallatin County, the Hon. W.W. Lessley presiding. The petition alleges that Judge Lessley acted contrary to the laws of Montana in denying relators' motion for summary judgment.

Relators are Ben Ferguson and Ferguson Trucking. Their petition alleges that an action commenced in respondent district court...

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