DOWNS v. SMYK

No. 84-02.

685 P.2d 347 (1984)

Robert F. DOWNS, Plaintiff and Respondent, v. Bernard SMYK, a/k/a Bernard L. Smyk, and Lois A. Smyk, Defendants and Appellants.

Supreme Court of Montana.

Decided July 26, 1984.

Rehearing Denied August 17, 1984.


Attorney(s) appearing for the Case

Jackson Law Firm, Helena, for defendants and appellants.

Calton & Hamman, Billings, for plaintiff and respondent.


SHEA, Justice.

Defendant, Bernard L. Smyk, appeals an order of the Yellowstone County District Court dismissing his petition to disqualify Judge Charles Luedke for cause. We affirm and remand this cause to the jurisdiction of Judge Luedke.

The sole issue is whether there is substantial evidence to support the findings and conclusions of the trial court that Judge Luedke is not biased or prejudiced against Smyk, therefore making it proper to dismiss Smyk's...

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