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COONEY v. MOUNTAIN STATES TEL. CO.

No. 423.

294 U.S. 384 (1935)

COONEY, GOVERNOR, ET AL. v. MOUNTAIN STATES TELEPHONE & TELEGRAPH CO.

Supreme Court of United States.

Decided March 4, 1935.

Attorney(s) appearing for the Case

Mr. Enor K. Matson, Assistant Attorney General of Montana, with whom Mr. Raymond T. Nagle, Attorney General, was on the brief, for appellants.

Messrs. Elmer L. Brock and M.S. Gunn, with whom Messrs. Milton Smith and E.R. Campbell were on the brief, for appellee.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The Mountain States Telephone and Telegraph Company brought this suit to restrain the enforcement of two acts of the legislature of Montana imposing annual license taxes. The first act is Chapter 174 of the Laws of 1933 prescribing a tax, to be paid on or before January first, for each telephone instrument used in the conduct of the business of operating or maintaining...

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