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STATE EX REL. WILCOX v. DIST. CT. OF 13TH JUD.

No. 83-391.

678 P.2d 209 (1984)

STATE of Montana, ex rel., Gary E. WILCOX and Charles Bradley, Petitioners, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, The Honorable Nat Allen, Honorable C.B. Sande and the Honorable Robert H. Wilson, Respondents.

Supreme Court of Montana.

Submitted November 28, 1983.

Attorney(s) appearing for the Case

Gary E. Wilcox and Charles Bradley, argued, Billings, for petitioners.

Charles Luedke, Dist. Judge, Diane G. Barz, Dist. Judge, William J. Speare, Dist. Judge, Robert Wilson, Dist. Judge, C.B. Sande, Billings, Nat Allen, Roundup, for respondents.

Mike Greely, Atty. Gen., Helena, Kim Kradolfer argued, Asst. Atty. Gen., Helena, Moses Law Firm, Charles F. Moses, argued, Billings, for amicus curiae.

HASWELL, Chief Justice.

The principal question in this case is whether a retired district judge recalled to temporary active service by the Chief Justice pursuant to Article VII, Section 6(3) of the Montana Constitution and implementing statutes has authority to enter final judgment. We hold he has. Our reasoning follows.

Relators Wilcox and Bradley, respectively a public defender and the deputy county attorney of Yellowstone County, filed a petition for a...

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