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HUETHER v. DISTRICT COURT

No. 99-032.

4 P.3d 1193 (2000)

2000 MT 158

David HUETHER, Personal Representative of the Estate of George Huether, Jr., Deceased, Petitioner, v. The DISTRICT COURT OF the SIXTEENTH JUDICIAL DISTRICT OF the STATE of Montana, In and For the COUNTY OF CUSTER, the Honorable Richard G. Phillips, Presiding, Respondent.

Supreme Court of Montana.

Decided June 20, 2000.

Attorney(s) appearing for the Case

L. Randall Bishop (argued), Jarussi & Bishop, Billings, Montana, For Petitioner.

Herbert I. Pierce III (argued), Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, Honorable Joseph P. Mazurek, Attorney General; Clay R. Smith, Solicitor, Helena Montana, For Respondent.

Patricia O'Brien Cotter, Cotter & Cotter, P.C., Great Falls, Montana (Montana Trial Lawyers Association) Jerome T. Loendorf and Donald Ford Jones, Harrison, Loendorf, Poston & Duncan, P.C., Helena, Montana (Montana Medical Association), Molly Shepherd, Worden, Thane & Haines, P.C., Missoula, Montana (St. Patrick Hospital; St. Joseph Hospital; Clark Fork Valley Hospital; and Western Montana Clinic), Katherine S. Donnelley and Kimberly L. Towe, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana (Montana Hospital Association), Gregory G. Murphy, Moulton, Bellingham, Longo & Mather, P.C., Billings, Montana (St. Vincent Hospital and Health Center and Sisters of Charity of Leavenworth Health Services Corporation), For Amici Curiae.

ORIGINAL PROCEEDING

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 On March 25, 1999, this Court accepted jurisdiction of this application for writ of supervisory control over the Sixteenth Judicial District Court, Custer County. We invited briefs by amicus curiae and classified the case for oral argument. We now vacate the District Court's determination that documents sought to be discovered by the petitioner, the...

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