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STATE, ETC. v. DIST. CT. OF THIRTEENTH JUD. DIST.

No. 13592.

560 P.2d 517 (1977)

STATE of Montana on the relation of Gerald N. LEAVITT, and Eleanora E. Leavitt, Relators, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF YELLOWSTONE, and the Hon. Nat Allen, Judge thereof, Respondents.

Supreme Court of Montana.

Submitted January 25, 1977.

Attorney(s) appearing for the Case

Poore, McKenzie, Roth, Robischon & Robinson, Allen R. McKenzie (argued), Butte, for relators.

Crowley, Haughey, Hanson, Gallagher & Toole, Stephen H. Foster (argued) Robert Edd Lee (argued), Billings, for respondents.

HASWELL, Justice.

Relators Gerald N. Leavitt and Eleanora E. Leavitt seek a writ of supervisory control from this Court: (1) To require the presiding judge in civil cause No. 59760 in the district court of Yellowstone County to surrender jurisdiction, and (2) to annul all orders made by the presiding judge in that case on November 15, 1976.

The civil case in the district court to which this application is directed is complex, voluminous, and long standing...

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