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  5. 548 P.2d 1377 (1976)
 

STATE EX REL. DRUM v. DISTRICT CT. OF 13TH J.D.

No. 13196.

548 P.2d 1377 (1976)

The STATE of Montana on the Relation of David G. DRUM and Dorothy G. Drum, Petitioner, v. The DISTRICT COURT OF THE THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF YELLOWSTONE, et al., Respondents.

Supreme Court of Montana.

Decided April 19, 1976.

Attorney(s) appearing for the Case

Hutton, Sheehy & Cromley, Billings, John C. Sheehy, Billings, argued, for petitioner.

Hibbs, Sweeney & Colberg, William T. Wagner argued, and Hugh Sweeney appeared, Billings, for respondents.

HASWELL, Justice.

The original opinion in this cause was rendered on December 30, 1975 and appeared in 32 St.Rep. 1297. We granted rehearing on January 15, 1976, and rehearing was held on February 5, 1976. The original opinion is now withdrawn and this opinion substituted.

This case involved an application by relators for a writ of supervisory control to compel dismissal of a civil action against them unless Chase Manhattan Bank of New York City was joined...

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