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STATE EX REL. INDUSTRIAL INDEM. CO. v. DISTRICT COURT

No. 13072.

544 P.2d 438 (1975)

The STATE of Montana ex rel. INDUSTRIAL INDEMNITY COMPANY, a corporation, Relators, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana et al., Respondents.

Supreme Court of Montana.

Submitted November 10, 1975.

Attorney(s) appearing for the Case

Marra & Wenz, Joseph R. Marra, argued, John F. Iwen, argued, Great Falls, for relators.

Knight, Dahood, Mackay & McLean, C.F. Mackay, argued, Anaconda, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an original application for a writ of supervisory control or other appropriate writ, directing the district court to dismiss a declaratory judgment action and order a trial on the merits, and to permit plaintiff in the district court action, Terrel M. Francisco, to amend her complaint.

William J. Francisco died on June 14, 1968, as a result of an industrial accident allegedly caused by the negligence of a third party...

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