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STATE v. DISTRICT COURT OF THIRTEENTH JUD. DIST.

No. 10185.

357 P.2d 891 (1960)

STATE of Montana on the Relation of Kenneth MOHR, Relator, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF YELLOWSTONE, and the Honorable E. E. Fenton, Judge of the Thirteenth Judicial District, Judge Presiding, Respondents.

Supreme Court of Montana.

Decided December 16, 1960.

Attorney(s) appearing for the Case

Franklin S. Longan and Calvin A. Calton, Billings, for relator. Calvin A. Calton argued orally.

Coleman, Lamey & Crowley, Wiggenhorn, Hutton, Schiltz & Sheehy, Sandall, Moses, Cavan and Battin, Billings, for respondents. Cale J. Crowley and John C. Sheehy argued orally.

ANGSTMAN, Justice.

Relator seeks an appropriate writ to vacate and annul an order of the district court granting the several separate motions of defendants in the action in which summons was issued to quash service of summons. The action out of which summons issued was one for damages for injuries sustained by relator as a result of the overturning of a water truck driven by Eddie Wolfe.

Relator's complaint was filed against Boggess Construction Company, a...

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