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STATE, ETC. v. DISTRICT COURT, ETC.

No. 80-221.

614 P.2d 1050 (1980)

The STATE of Montana ex rel. Colleen KESTERSON, Virginia Polsen, Melody Nebel, Barbara Wood, Sheri Bardo, and Anne Kobylenski, on behalf of themselves and all other persons similarly situated, Relators, v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF MISSOULA, and the Honorable John S. Henson, Judge thereof, Respondents.

Supreme Court of Montana.

Decided July 24, 1980.

Attorney(s) appearing for the Case

McClelland Law Offices, Arden C. McClelland argued, Missoula, for relators.

Gough, Shanahan, Johnson & Waterman, Ronald F. Waterman argued, Helena, Boone, Karlberg & Haddon, Sam Haddon argued, Missoula, Richard P. Heinz, County Atty., Polson, Kurt W. Kroschel, Billings, Hughes, Bennett, Kellner & Sullivan, Helena, Garlington, Lohn & Robinson, Missoula, for respondents.

HASWELL, Chief Justice.

Relators have applied to this Court for a writ of supervisory control, directed to the District Court of the Fourth Judicial District, in and for the County of Missoula, and the Honorable Judge John S. Henson. Relators are plaintiffs in the District Court action, and seek to have the proceedings on a motion for a temporary injunction continued in the District Court, despite an appeal taken to this Court by defendants. This Court ordered an...

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