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STATE v. DISTRICT COURT OF ELEVENTH JUDICIAL DISTRICT

No. 9659.

294 P.2d 903 (1956)

STATE of Montana, ex rel. G. A. MILLER and J. H. Hawkins, Individually and as Copartners doing business under the firm name of Kalispell Lumber Company, a copartnership, Relators, v. The DISTRICT COURT OF the ELEVENTH JUDICIAL DISTRICT of the State of Montana, In and for the COUNTY OF FLATHEAD and Hon. Victor H. Fall, Presiding District Judge of said Court, Respondents.

Supreme Court of Montana.

Decided March 16, 1956.

Attorney(s) appearing for the Case

Rockwood & Sykes and Forrest C. Rockwood Kalispell, Forrest C. Rockwood, argued the case orally, for relators.

ANGSTMAN, Justice.

Upon petition of relators this court issued an alternative writ of prohibition returnable on February 14, 1956, at 10 o'clock a.m. Subsequently the return day was continued until February 21, 1956.

The petition of relators complained that respondent judge, the Honorable Victor H. Fall, threatens to proceed to hear and decide demurrers in a certain action pending in the respondent court, after he had been disqualified for imputed bias and...

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