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STATE EX REL. DEPT. OF REVENUE v. DISTRICT COURT

No. 13105.

538 P.2d 338 (1975)

The STATE of Montana ex rel. the DEPARTMENT OF REVENUE et al., Petitioners, v. The DISTRICT COURT OF the ELEVENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF FLATHEAD, and the Honorable Robert C. Sykes, District Judge Thereof, Respondents.

Supreme Court of Montana.

August 4, 1975.

ORDER

PER CURIAM:

Upon the basis of the pleadings, briefs, and oral arguments of counsel herein,

It is ordered:

(1) Relators application for a writ of supervisory control is denied at this time, and this proceeding is dismissed without prejudice.

(2) We decline to assume jurisdiction at this time for the following reasons:

a. Relators have a plain, speedy and adequate remedy in the ordinary course of law by appeal.

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