Anaconda Co. v. District Court of the Second Judicial District

MR. CHIEF JUSTICE JAMES T. HARRISON,

delivered the Opinion of the Court.

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. MeClernan presiding. The petition for the writ alleges Judge MeClernan acted contrary to the laws of Montana in overruling petitioner’s request for summary judgment.

The petition is based upon the following facts. The Ana*320conda Company is the defendant in a lawsuit filed by Charles; Marchlik. Mr. Marchlik complains that:

“Plaintiff was employed by…