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RIVERA v. ESCHLER

Nos. 88-415, 88-422.

767 P.2d 336 (1989)

Kim RIVERA, Petitioner and Respondent, v. Janet E. ESCHLER, Justice of the Peace, Justice Court, Yellowstone County, Montana, Respondent and Appellant. STATE, ex rel., Terry VUKASIN, Plaintiff and Respondent, v. The JUSTICE COURT OF YELLOWSTONE COUNTY, Montana, and Janet E. Eschler, Justice of the Peace, Defendants and Appellants.

Supreme Court of Montana.

Decided January 10, 1989.

Attorney(s) appearing for the Case

Harold Hanser, County Atty., David Hoefer, Deputy, Billings, for respondent and appellant.

Scott Gratton, Anderson, Brown Law Firm, Addison Sessions, Thompson & Sessions, Billings, for petitioner and respondent.

HARRISON, Justice.

This case comes to us from the issuance of a writ of certiorari by the Honorable Robert Holmstrom, Thirteenth Judicial District Court, Montana, annulling an order entered by the appellant, Janet Eschler, Justice of the Peace, Yellowstone County. We affirm.

On September 23, 1986, the respondent, Kim Rivera, was found guilty of driving a motor vehicle under the influence of alcohol. Appellant Janet Eschler, Yellowstone County Justice of the...

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