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MALONY v. CASS CTY. COURT OF INCREASED JURIS.

Civ. No. 9858.

301 N.W.2d 112 (1980)

James Leo MALONY, Kyle A. Anderson, Jacquelyn F. Andel, Michael Malony, May S. G. Wiese, Sheldon Ellig, Chris Jensen, Adelyn Morton and Lorraine Donaldson, Petitioners, v. The CASS COUNTY COURT OF INCREASED JURISDICTION, Cass County, North Dakota, Respondent.

Supreme Court of North Dakota.

December 19, 1980.

Attorney(s) appearing for the Case

Tenneson, Serkland, Lundberg, Erickson & Marcil, Fargo, for petitioners; argued by Chester J. Serkland, Fargo.

Robert Vogel, Grand Forks, Michael D. Nelson of Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, and Bruce D. Quick, Asst. State's Atty., Fargo, each argued for respondent.

PEDERSON, Justice.

Pursuant to Section 86 of the North Dakota Constitution, and Section 27-02-04, NDCC, petitioners have applied for issuance of a writ of supervision of the Cass County Court of Increased Jurisdiction. The writ is sought to overturn the court's order denying petitioners' motion to avoid deposition as witnesses in a criminal proceeding. We deny the application.

The criminal action which has fostered petitioners' request is the prosecution of...

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