STATE v. DISTRICT COURT OF SIXTH JUDICIAL DIST.

No. 10510.

390 P.2d 101 (1962)

STATE of Montana ex rel. Mark FRELICH, Jr., and Irene Frelich, husband and wife, Relators, v. The DISTRICT COURT OF the SIXTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF PARK, and the Honorable George J. Allen, Presiding Judge thereof, Respondents.

Supreme Court of Montana.

November 29, 1962.


Attorney(s) appearing for the Case

Paul T. Keller, Helena, and David B. Fitzgerald, San Francisco, Cal., for relator, State ex rel. Frelich.

Daniel J. Sullivan, Helena, for respondent, Court.


PER CURIAM.

Respondents by their petition for rehearing call to our attention a possible situation whereby under our opinion the relators might drop their appeal and since the State of Montana relied upon the order of the respondent court, in such event, the State would have no appeal because of procedural time limits involved.

Relators petitioned this court for relief by appropriate writ in aid of their appeal from the award of the commission. Under such...

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