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STATE EX REL. CITY OF HAVRE v. DISTRICT COURT

No. 14638.

609 P.2d 275 (1980)

STATE ex rel. CITY OF HAVRE, Relator, v. The DISTRICT COURT OF the TWELFTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF HILL, and the Honorable Bernard W. Thomas, Judge thereof, Respondents.

Supreme Court of Montana.

Decided March 26, 1980.

Rehearing Denied April 30, 1980.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, Jack L. Lewis, argued, Great Falls, George N. McCabe appeared, Great Falls, Marra, Wenz, Iwen & Johnson, Great Falls, Joseph Marra argued, Great Falls, for relator.

Frank Morrison, Jr., argued, Missoula, Larry H. Elison, argued, Missoula, for respondents.

DALY, Justice.

This is an original proceeding in which the City of Havre and the County of Hill have filed petitions for writs of supervisory control. The dispositive issue is whether a stipulation for dismissal with prejudice, entered into between plaintiff Boucher and defendant police officer Dramstad, bars the plaintiff from proceeding with his claim against the City of Havre and Hill County.

On September 24, 1974, the Havre Police Department received a...

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