C & C PLYWOOD CORP. v. HANSON

No. 76-3118.

583 F.2d 421 (1978)

C & C PLYWOOD CORPORATION, an Oregon Corporation, Butte Chamber of Commerce, a Montana Corporation, Conrad National Bank of Kalispell, a National Bank, F. H. Stoltz Land and Lumber Co., a Montana Corporation, Kalispell Chamber of Commerce, a Montana Corporation, Montana Associated Utilities, Inc., a Montana Corporation, Montana Chamber of Commerce, a Montana Corporation, Montana-Dakota Utilities Co., a Delaware Corporation, Montana Hardware and Implement Association, a Montana Corporation, Montana Transport Association, a Montana Corporation, Montana Power Company, a Montana Corporation, Montana Stockgrowers Association, Incorporated, a Montana Corporation, Montana Taxpayers Association, a Montana Corporation, Montana Woolgrowers Association, a Montana Corporation, Mountain States Telephone and Telegraph, a Colorado Corporation, Pacific Power & Light, a Maine Corporation, Sieben Ranch Company, Inc., a Montana Corporation, Plaintiffs-Appellees, v. John N. HANSON, Commissioner of Campaign Finances and Practices of the State of Montana, Defendant-Appellant, and The Anaconda Company, a Montana Corporation, Amicus Curiae.

United States Court of Appeals, Ninth Circuit.

October 3, 1978.


Attorney(s) appearing for the Case

Leo C. Graybill, Jr. (argued), of Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for defendant-appellant.

Patrick F. Hooks (argued), of Hooks & Sherlock, Townsend, Mont., David J. Wing (argued), of Poore, McKenzie, Roth, Robischon & Robinson, Butte, Mont., for plaintiffs-appellees.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

In this appeal by the Montana Commissioner of Campaign Financing and Practices, we affirm the judgment of the district court which held unconstitutional a state statute forbidding corporations or banks from making contributions to promote or defeat any ballot issue.

The action by the plaintiff corporations attacks only the constitutionality of the 1975 addition of the words "or ballot issue" to Mont.Rev.Code § 23-4744...

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