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NORTHWESTERN IMPROVEMENT CO. v. ROSEBUD COUNTY

No. 9285.

288 P.2d 657 (1955)

NORTHWESTERN IMPROVEMENT COMPANY, a corporation, and School District No. 19 of the County of Rosebud, State of Montana, Plaintiffs and Respondents, v. ROSEBUD COUNTY, Montana, and J.D. Newnes, as County Assessor of Rosebud County, Montana; The State Board of Equalization of the State of Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

August 4, 1955.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Vera Jean Heckathorn, Asst. Atty. Gen., H.O. Vralsted, Sp. Asst. Atty. Gen., Lyman J. Hall, Asst. Tax Counsel for State Board of Equalization, Helena, for appellants.

F.F. Haynes, Forsyth, Messrs. Coleman, Jameson & Lamey, James M. Haughey, Billings, for respondents.

Mr. Vralsted and Mr. Haughey argued orally.

ANGSTMAN, Justice.

Plaintiffs obtained a declaratory judgment determining that a part of a building owned by the Northwest Improvement Company and by it leased to plaintiff school district and used for school purposes, is exempt from taxation. Defendants have appealed from the judgment. The facts from which the legal question arises are these:

For many years before 1946 plaintiff school district conducted a grade...

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