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STATE EX REL. BROWNE v. DISTRICT CT. OF THIRD DIST., ETC.

No. 13076.

539 P.2d 1182 (1975)

The STATE of Montana ex rel. Juanita BROWNE, Petitioner, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF POWELL and the Hon. Robert J. Boyd, District Judge, Defendants.

Supreme Court of Montana.

Decided August 8, 1975.

Rehearing Denied September 2, 1975.

Attorney(s) appearing for the Case

William R. Taylor (argued), Deer Lodge, Greg J. Skakles (argued), Anaconda, for petitioner.

Robert J. Boyd, Anaconda, Ted L. Mizner (argued), Deer Lodge, for defendants.

JOHN C. HARRISON, Justice.

In this original proceeding petitioner Juanita Browne seeks a determination by this Court to set aside the findings of fact, conclusions of law and judgment of the district court, county of Powell, declaring Stanley N. Smith a successful candidate at the election for trustee of the Board of Trustees, Powell County High School District. These undisputed facts are the basis of this petition:

On April 1, 1975, an election was held in...

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