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NEW SILVER BELL MIN. CO. v. LEWIS AND CLARK

No. 9272.

284 P.2d 1012 (1955)

The NEW SILVER BELL MINING COMPANY, a Montana Corporation, Plaintiff and Appellant, v. The COUNTY OF LEWIS AND CLARK, a political subdivision of The State of Montana, Defendant and Respondent, and The State of Montana and the State Board of Equalization of the State of Montana, Intervenors and Respondents.

Supreme Court of Montana.

Decided June 17, 1955

As Amended on Denial of Rehearing June 30, 1955.

Attorney(s) appearing for the Case

C.E. Pew, Helena, for appellant.

Arnold H. Olsen, Atty. Gen., Vera Jean Heckathorn, Asst. Atty. Gen., H.O. Vralsted, Chief Tax Counsel, Bd. of Equalization, and Sp. Asst. Atty. Gen., and Lyman J. Hall, Deputy Tax Counsel, Helena, for respondent.

Mr. Pew and Mr. Vralsted argued orally.

MR. JUSTICE DAVIS:

The appellant as plaintiff brought this action in the district court for Lewis and Clark County against the respondent county as defendant to recover certain taxes for the year 1949 demanded under R.C.M. 1947, sections 84-5406, 84-5409, and paid under protest. The state and the state board of equalization intervened to join with the county in a general demurrer to the appellant's amended complaint. This demurrer was sustained. Judgment of dismissal...

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