STATE EX REL. DAVIS v. DISTRICT COURT OF THIRD JUDICIAL DIST. IN AND FOR POWELL COUNTY

No. 13650.

561 P.2d 912 (1977)

The STATE of Montana on the relation of Aili E. DAVIS, Executrix of the Estate of George V. Davis, Deceased, Relator, v. The DISTRICT COURT of the THIRD JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF POWELL, and the Honorable Robert J. Boyd, Presiding District Judge, Respondents.

Supreme Court of Montana.

February 25, 1977.


Attorney(s) appearing for the Case

Michael J. Hughes, David J. Sullivan, Helena, for relator.

C.W. Leaphart, Helena, for respondents.


ORDER

PER CURIAM:

The application for a writ of supervisory control to review and reverse the district court's denial of summary judgment to the relator, and the granting by the district court of plaintiffs' motion to strike the defenses of res judicata, statute of limitations, and statute of frauds, as legally insufficient was considered by the Court and an adversary hearing was scheduled and had on February 9, 1977, at 9:30 a.m. Briefs were submitted....

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