ANACONDA CO. v. DISTRICT C. OF S.J.D. IN & FOR C. OF S.B.

No. 12402.

506 P.2d 81 (1973)

The ANACONDA COMPANY, a Montana corporation, Petitioner, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SILVER BOW, and Honorable John B. McClernan, a judge thereof, Respondents.

Supreme Court of Montana.

Decided January 31, 1973.

Rehearing Denied February 27, 1973.


Attorney(s) appearing for the Case

Douglas D. Dasinger, argued, Butte, James A. Robishchon, Butte, for petitioner.

Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Thomas F. Joyce, argued, Butte, A.G. Shone, Butte, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding commenced by the Anaconda Company. It is seeking a writ of supervisory control over the district court of Silver Bow County, the Hon. John B. McClernan presiding. The petition for the writ alleges Judge McClernan acted contrary to the laws of Montana in overruling petitioner's request for summary judgment.

The petition is based upon the following facts. The Anaconda Company is the defendant in...

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