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INDEPENDENT SCHOOL DIST. OF BOISE CITY v. CALLISTER

No. 11744.

539 P.2d 987 (1975)

97 Idaho 59

The INDEPENDENT SCHOOL DISTRICT OF BOISE CITY et al., Plaintiffs, v. Marion J. CALLISTER, Judge of the District Court of the Fourth Judicial District for the State of Idaho, IN AND FOR the COUNTY OF ADA, Defendant.

Supreme Court of Idaho.

Rehearing Denied October 3, 1975.

Attorney(s) appearing for the Case

John W. Barrett and Michael G. Brady, Moffatt, Thomas, Barrett & Blanton, Boise, for plaintiffs.

Ellison W. Matthews, Matthews & Lee, Boise, for defendant.

SHEPARD, Justice.

This is an original proceeding seeking a writ of mandate against a district judge. Parties to special proceedings are properly referred to as "plaintiff" and "defendant," I.C. § 7-101, however, herein, to avoid confusing the parties here with those in the case below the litigants here are called "petitioners" and "respondent." Petitioners here are defendants in a personal injury case in the district court. Plaintiff below, R. Scott Patterson...

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