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STATE v. DISTRICT COURT OF EIGHTH JUD. DIST.

No. 85-16.

703 P.2d 148 (1985)

The STATE of Montana, ex rel., Donna S. FITZGERALD, individually and as Administratrix of the Estate of Ronald E. Fitzgerald, Relator, v. DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT, In and For the COUNTY OF CASCADE, Hon. Peter L. Rapkoch & Aetna Insurance Co., Respondents.

Supreme Court of Montana.

Decided July 23, 1985.

Attorney(s) appearing for the Case

Marra, Wenz, Johnson & Hopkins, P.C., Joseph R. Marra argued, John F. Iwen, Dola N. Wilson, Jr., Great Falls, for relator.

James, Gray & McCafferty, Robert J. James argued, Great Falls, for respondents.

SHEEHY, Justice.

We accept jurisdiction as petitioned for by Donna S. Fitzgerald the relator, by way of supervisory control to the extent outlined in this opinion. A copy of this opinion, when served upon the District Court of the Eighth Judicial District, Cascade County, the Honorable Peter L. Rapkoch, judge presiding, shall be, constitute and serve the office of a writ of supervisory control over the District Court in cause no. 79977C pending in said District Court...

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