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MATTER OF SECRET GRAND JURY INQUIRY

No. 13437.

553 P.2d 987 (1976)

In the Matter of SECRET GRAND JURY INQUIRY, JOHN AND JANE DOES THIRTY THROUGH THIRTY-NINE.

Supreme Court of Montana.

Decided August 18, 1976.

Rehearing Denied August 25, 1976.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Howard M. Gilbert, Spec. Prosecutor argued and Thomas Budewitz, Asst. Atty. Gen., argued, Helena, Gordon R. Bennett, District Judge, argued, Helena, Dexter L. Delaney, affirmative position argued, Missoula, for appellant.

Robert J. Emmons, negative position, argued, Great Falls, for respondent.

JOHN C. HARRISON, Justice.

This is a petition of Hon. Gordon R. Bennett, presiding district judge in charge of the Lewis and Clark County grand jury, requesting in effect a declaratory judgment from this Court on certain issues raised in the grand jury proceedings of the Workmen's Compensation Division, Department of Labor and Industry, State of Montana.

Three issues are presented:

1) What authority does the district court have over grand jury subpoenas...

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