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STATE EX REL. CITY OF HELENA v. DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF LEWIS AND CLARK

No. 13021.

536 P.2d 1182 (1975)

The STATE of Montana on the relation of the CITY OF HELENA, Montana, a Municipal Corporation, Relator, v. The DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, IN AND FOR THE COUNTY OF LEWIS AND CLARK, and the Honorable Peter G. Meloy, Judge of said Court, Respondents.

Supreme Court of Montana.

Decided June 10, 1975.

Attorney(s) appearing for the Case

P. Keith Keller, argued, Helena, C.W. Leaphart, Jr., Helena, for relator.

Harris, Jackson & Utick, Helena, Robert M. Murdo, argued, Helena, Gough, Booth, Shanahan & Johnson, Helena, Loble, Picotte & Pauly, Helena, for respondents.

HASWELL, Justice.

This is a petition by the City of Helena for a writ of supervisory control alleging that the district court, Lewis and Clark County, erred in denying defendant petitioner's motion for summary judgment, in cause No. 36440, entitled Morland P. Branning, Plaintiff, versus Rick McCullough, the State of Montana, acting by and through its State Highway Commission, and the City of Helena, Montana, Defendants. Petitioner argues the denial

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