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HENRY v. DISTRICT COURT, ETC.

No. 81-420.

645 P.2d 1350 (1982)

Jack HENRY et al., Relators, v. DISTRICT COURT OF the SEVENTEENTH JUDICIAL DISTRICT, et al., Respondents.

Supreme Court of Montana.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Hoyt & Trieweiler, Great Falls, John Hoyt argued, Great Falls, Goetz, Madden & Dunn, Bozeman, for relators.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for respondents.

DALY, Justice.

This is a case involving a petition for a writ of supervisory control and a motion for stay of proceedings. The case initially arose in the District Court of the Seventeenth Judicial District of the State of Montana, in and for the County of Phillips.

A claim was filed in District Court against Burlington Northern, Inc., et al. (hereinafter BN) on June 4, 1979. The claim alleged that BN's negligence at the west Dodson railroad crossing resulted...

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