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STATE EX REL. SWART v. STUCKY

No. 12798.

536 P.2d 762 (1975)

STATE of Montana on relation of Charles R. SWART, Relator and Appellant, v. Carl STUCKY, County Clerk and Recorder of the County of Gallatin, State of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided June 11, 1975.

Attorney(s) appearing for the Case

Chadwick H. Smith, argued, Helena, for relator and appellant.

Thomas A. Olson, County Atty., Bozeman, Donald C. White, argued, Deputy County Atty., Bozeman, for respondent and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from the denial of a writ of mandamus seeking to compel the clerk and recorder of Gallatin County to file an instrument submitted by appellant Charles R. Swart pursuant to section 11-3872, R.C.M. 1947.

The parties are Charles R. Swart, a registered land surveyor (hereinafter referred to as appellant), and Carl Stucky, clerk and recorder of Gallatin County (hereinafter referred to as respondent).

The facts...

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