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STATE EX REL. BLAKNEY v. DISTRICT COURT

No. 13908.

566 P.2d 1128 (1977)

The STATE of Montana ex rel. Larry Lynn BLAKNEY, Relator, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana IN AND FOR the COUNTY OF MISSOULA, and the Honorable Judge Joel G. Roth presiding, Respondent.

Supreme Court of Montana.

August 2, 1977.

ORDER

PER CURIAM:

IT IS ORDERED that the petition for writ of supervisory control or other appropriate writ is denied without prejudice.

The petitioner's right to a preemptory right for substitution of judge is available.

SHEA, Justice.

I would grant an adversary hearing on the petition to review the decision refusing to remove Judge Brownlee for cause. I recognize that petitioner has a right still remaining to peremptorily remove...

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