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BROPHY COAL CO. v. MATTHEWS

No. 9049.

233 P.2d 397 (1951)

BROPHY COAL CO. v. MATTHEWS, et al.

Supreme Court of Montana.

Decided June 28, 1951.

Attorney(s) appearing for the Case

G.J. Jeffries, Roundup, Ralph J. Anderson, Albert C. Angstman, Helena, for appellant. Ralph J. Anderson argued the case orally.

Arnold H. Olsen, Atty. Gen., Charles V. Huppe, Asst. Atty. Gen., H.O. Vralsted, Tax Counsel, Board of Equalization, Daniel J. Sullivan, Asst. Tax Counsel, Board of Equalization, Helena, for respondent. H.O. Vralsted and Daniel J. Sullivan argued the case orally.

FREEBOURN, Justice.

Brophy Coal Company, a corporation, plaintiff, brought this action in the district court of Lewis and Clark county, seeking a declaratory judgment against the members of the state board of equalization, defendants. A general demurrer of defendants to plaintiff's complaint was sustained. Plaintiff declined to further plead and a judgment dismissing the action was entered. From the judgment plaintiff appeals.

From the complaint it appears...

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