STATE v. DISTRICT COURT OF THIRTEENTH JUD. DIST.

No. 13281.

550 P.2d 382 (1976)

The STATE of Montana, Applicant and Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, and the Hon. Charles Luedke, Respondents.

Supreme Court of Montana.

Decided May 12, 1976.


Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, James L. Jones (argued), Billings, J. Michael Young (argued), Helena, for applicant and relator.

Keefer & Roybal, Neil S. Keefer (argued), Cate, Lynaugh, Fitzgerald & Huss, George Huss (argued), Billings, for respondents.


HASWELL, Justice.

This case is before the Court on an application for a remedial writ filed by the State of Montana to prohibit further proceedings in the thirteenth judicial district court in Cause No. 65626, Azure v. City of Billings and State of Montana. The basic issue raised in this proceeding concerns the liability of a city and the state for the negligent acts of city police officers in view of Art. II, § 18, 1972 Montana Constitution and the Montana...

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