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STATE EX REL. DIMLER v. DIST. CT., ELEVENTH J.D.

No. 13290.

550 P.2d 917 (1976)

STATE ex rel. DIMLER, Petitioner, v. The DISTRICT COURT OF the ELEVENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF FLATHEAD and the Hon. Robert S. Keller, a Judge thereof, Respondents.

Supreme Court of Montana.

Decided May 25, 1976.

Attorney(s) appearing for the Case

James D. Moore argued, Kalispell, for petitioner.

Warden, Walterskirchen & Christiansen, Kalispell, for respondents.

DALY, Justice.

This is an application for a writ of supervisory control directed to the district court of the eleventh judicial district, Flathead County. The application is by plaintiffs Robert E. Dimler and Patti Dimler and relates to that court's order striking a prayer for punitive damages from a complaint seeking damages from defendants Ralph Edward James and Kathy Ann James for alleged misrepresentation as to the functional condition of one bathroom and plumbing...

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