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VICTOR CHEMICAL WORKS v. SILVER BOW COUNTY

No. 9403.

301 P.2d 730 (1956)

VICTOR CHEMICAL WORKS, a corporation, Plaintiff and Appellant, v. SILVER BOW COUNTY, et al., and ROBERT Maguire, as County Treasurer, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided September 19, 1956.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, Kendrick Smith, argued orally, for appellant.

Arnold H. Olsen, Atty. Gen., Mr. William F. Crowley and Vera Jean Heckathorn, Asst. Attys. Gen., Mr. H.O. Vralsted, Sp. Asst. Atty. Gen., Mr. Harold J. Pinsoneault, Asst. Tax Counsel, Board of Equalization, Helena, N.A. Rotering, County Atty., Butte, J. Frank Sullivan, Deputy County Atty., Butte, Lyman J. Hall, Asst. Tax Counsel, Board of Equalization, William F. Crowley, Asst. Atty. Gen., and Harold J. Pinsoneault, Asst. Tax Counsel, State Board of Equalization, Helena, argued orally, for respondents.

Leonard A. Schulz, Dillon, amicus curiae.

DAVIS, Justice.

Appeal from a final judgment entered by the district court for Silver Bow County, which denied the plaintiff and appellant, Victor Chemical Works, the recovery of certain taxes for the year 1952 paid under protest to the respondent county and its Treasurer, Robert Maguire, the defendants in the district court. The action here was properly and timely brought under R.C.M. 1947, section 84-4502, and companion statutes.

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