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KELLY v. GRAND JURY OF LEWIS AND CLARK COUNTY

Nos. 13438 and 13439.

552 P.2d 1399 (1976)

William T. KELLY, Plaintiff, v. GRAND JURY OF LEWIS AND CLARK COUNTY, State of Montana, and Robert L. woodahl, Attorney General of the State of Montana, Defendants. The STATE of Montana on the relation of William T. KELLY, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF LEWIS AND CLARK, and the Honorable Gordon R. Bennett, Presiding judge, Respondents.

Supreme Court of Montana.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Gordon R. Bennett, Dist. Judge, Helena, Patrick J. Foley, argued, Billings, for plaintiff and relator.

Robert L. Woodahl, Atty. Gen., Helena, Thomas A. Budewitz, Asst. Atty. Gen., argued, Helena, for defendants and respondents.

HASWELL, Justice.

Relator seeks a writ of prohibition and an order from this Court in substance vacating the district court's order compelling him to testify before the Lewis and Clark County grand jury until a hearing has been held on the legality and jurisdiction of the grand jury.

These proceedings arise from the issuance of subpoenas by the Lewis and Clark County grand jury to relator William T. Kelly, ordering him to appear, testify, and produce physical...

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