Pierce Packing Co. Ex Rel. County of Yellowstone v. District Court

This is an original proceeding seeking a writ of prohibition from this Court to vacate and annul certain orders of respondent District Court in cause # 68421 in that court. On January 9, 1978, we granted a writ of prohibition. Thereafter respondent sought a rehearing which we granted on February 1, 1978. This is our opinion following rehearing.

The District Court action to which this proceeding relates is an action by Pierce Packing Company against Western Insulfoam Corporation for damages based in breach of warranty and strict liability in tort. Following a trial without a jury, judgment was…