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STATE EX REL. BURLINGTON NORTHERN, v. DIST. CT.

No. 13295.

548 P.2d 1390 (1976)

STATE of Montana ex rel. BURLINGTON NORTHERN, INC., Relator, v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF CASCADE, and the Hon. Nat Allen, judge presiding, Respondents.

Supreme Court of Montana.

Decided April 14, 1976.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Cordell Johnson, argued, Helena, for relator.

Hoyt & Bottomly, John C. Hoyt, argued, Great Falls, for respondents.

JOHN C. HARRISON, Justice.

This is an original proceeding. Relator Burlington Northern, Inc., petitioned this Court for a writ of supervisory control or other appropriate order. Ex parte presentation on March 4, 1976, was followed by an order of this Court for an adversary hearing on March 17, 1976. Briefs were submitted, the matter argued and taken under advisement by the Court.

This matter involves a Federal Employers' Liability Act (FELA) case which was...

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