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BURLINGTON NORTHERN v. DISTRICT COURT

No. 89-96.

779 P.2d 885 (1989)

STATE of Montana, ex rel., BURLINGTON NORTHERN RAILROAD COMPANY, Relator, v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT OF the STATE OF MONTANA In and For the COUNTY OF CASCADE, Honorable Thomas M. McKittrick, Judge thereof, Respondent.

Supreme Court of Montana.

Decided September 19, 1989.

Attorney(s) appearing for the Case

James A. Robischon (argued) and Charles Dearden, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for relator.

Terry Trieweiler (argued), Whitefish, for respondent.

WEBER, Justice.

This application for a writ of supervisory control arises from an order by the District Court of the Eighth Judicial District, Cascade County, Montana. We accept jurisdiction of this application, and after receipt of briefs and oral argument, we order supervisory control.

Burlington Northern Railroad Company (Burlington Northern) was ordered by the District Court to answer certain interrogatories and...

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