Nos. 9943 and 10015.

351 P.2d 916 (1960)

STATE of Montana ex rel. CASCADE COUNTY, a political subdivision of the State of Montana; County Commissioners and County Board of Equalization of Cascade County, Montana, and Otto Powell, W.D. Weir and A.E. Fousek, as the full Boards of County Commissioners and County Board of Equalization of said Cascade County, Relators and Respondents, v. William J. RYAN, County Assessor of Cascade County, Montana; Joseph L. Lennon, County Clerk and Recorder of Cascade County, Montana; J.R. Linnane, County Treasurer of Cascade County, Montana; The State Board of Equalization and J. F. Reid, E.J. Byrne, and W.J. Winters, members of the State Board of Equalization, Respondents and Appellants.

Supreme Court of Montana.

Decided April 29, 1960.

Rehearing Denied May 24, 1960.

Attorney(s) appearing for the Case

H.O. Vralsted, George T. Bennett, Edward C. Schroeter, Chief Tax Counsel, Helena, for appellants. Edward C. Schroeter, Chief Tax counsel, argued orally.

Wesley W. Wertz, Helena, argued orally, amicus curiae.

Forrest H. Anderson, Atty. Gen., R.V. Bottomly and Gene Daly, Co. Attys., P.J. Gilfeather, Great Falls, for respondents, P.J. Gilfeather argued orally.

W.W. LESSLEY, District Judge. sitting in place of HARRISON, Chief Justice.

This is an injunction action by the State of Montana on relation of the County of Cascade and its county commissioners against the assessor, clerk and recorder and treasurer of Cascade County, and also against the State Board of Equalization and its individual members.

We have here Cause 9943 and Cause 10,015 consolidated for briefing, argument, and appeal. The appeal in Cause No. 9943...

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