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HOLLY v. PREUSS

No. 13450.

564 P.2d 1303 (1977)

Clayton Holly, Petitioner and Appellant, v. Vernon PREUSS, Sheriff of Carter County, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided May 27, 1977.

Attorney(s) appearing for the Case

Harris, Jackson & Utick, David L. Jackson, argued, Helena, for petitioner and appellant.

L.H. James Anderson, Ekalaka, appeared, Lucas, Jardine & Monaghan, Thomas M. Monaghan, argued, Miles City, for defendant and respondent.

HARRISON, Justice.

This is an appeal from the granting of a motion by the district court, Carter County, to quash a petition for a writ of mandamus. The petition sought a writ ordering Vernon Preuss, sheriff of Carter County, to reinstate Clayton Holly to his former position as undersheriff of Carter County.

In April 1975, Sheriff Pruess asked Undersheriff Holly to resign. The undersheriff refused and asked for a written statement of the reasons for termination...

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