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ECCLESTON v. THIRD JUDICIAL DIST. COURT

No. 89-040.

783 P.2d 363 (1989)

STATE of Montana, ex rel., Robert ECCLESTON, Kevin Sullivan and Elmer Carsone, Relators, v. MONTANA THIRD JUDICIAL DISTRICT COURT, Deer Lodge County, and The Honorable Ted Mizner, Presiding District Judge, Respondents.

Supreme Court of Montana.

Decided November 22, 1989.

Rehearing Denied January 2, 1990.

Attorney(s) appearing for the Case

C. Richard Anderson, argued, John P. Davis, Poore, Roth & Robinson, Butte, Timothy McKeon, McKeon & McKeon, Anaconda, for relator.

Marc Racicot, Atty. Gen., Clay R. Smith, Sol., Helena, Joseph C. Connors, argued, Bernard J. Everett, argued, Knight, Dahood, McLean & Everett, Anaconda, for respondents.

Bruce W. Moerer, Montana School Boards Ass'n, Helena, for amicus curiae.

McDONOUGH, Justice.

This case is an original proceeding in this Court involving an application for a writ of supervisory control. The issues presented for our determination originated in Fitzpatrick v. School District No. 10, a negligence case currently before the Third Judicial District Court. Relators, defendants below, are employees of the original named defendant, School District No. 10. Relators seek relief via supervisory control from the District Court...

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