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FULTON v. FARMERS UNION GRAIN TERMINAL ASS'N

No. 10445.

374 P.2d 231 (1962)

Dan FULTON, John C. Alley and E.J. Byrne, as Members of the State Board of Equalization of the State of Montana, Plaintiffs and Appellants, v. FARMERS UNION GRAIN TERMINAL ASSOCIATION, a Minnesota Corporation, Farmers Co-op Supply, Inc., of Lake County, a Montana Corporation, and Associated Food Stores, Inc., a Utah Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided August 28, 1962.

Attorney(s) appearing for the Case

A.W. Scribner (argued orally), John R. Kline (argued orally), Helena, for appellants.

A.L. Libra (argued orally), and Carl G. Smithwick, Hubert J. Massman (argued orally), and Laverne V. Harris, Helena, for respondents.

JAMES T. HARRISON, Chief Justice.

Appeal by plaintiffs from a judgment entered in the district court of Lewis and Clark County upon an order granting motions to dismiss without leave to amend.

The action was instituted seeking a declaratory judgment. In brief, the complaint alleged the enactment of Chapter 155 of the 1961 Session Laws; that the plaintiff State Board of Equalization, and its members, hereinafter referred to as the Board, issued amendments to...

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