STATE v. DIST. CT., EIGHTH JUD. DIST.

Nos. 87-223, 87-234.

746 P.2d 1077 (1987)

STATE of Montana, ex rel., BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Relator, v. DISTRICT COURT OF THE EIGHTH JUDICIAL DISTRICT, In and For the COUNTY OF CASCADE, et al., Respondents. STATE of Montana, ex rel., BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Relator, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF YELLOWSTONE, et al., Respondents.

Supreme Court of Montana.

Decided December 3, 1987.


Attorney(s) appearing for the Case

Crowley Law Firm, Bruce R. Toole, Moulton Law Firm, K. Kent Koolen, Billings, for relators.

William G. Jungbauer, Minneapolis, Minn., John W. Larson, Missoula, David B. Kiker, Aurora, Colo., Wright, Tolliver & Guthals, Robert S. Fain, Billings, for respondents.


SHEEHY, Justice.

In cause no. 87-223, Burlington Northern Railroad Company as relator petitions for a writ of supervisory control directed to the District Court, Eighth Judicial District, the Hon. Thomas M. McKittrick and the Hon. John M. McCarvel, presiding judges therein, ordering dismissal of two causes of action pending in that court.

In cause no. 87-234, Burlington Northern Railroad Company as relator has petitioned for a writ of supervisory control directed...

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