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HOME BLDG. AND LOAN ASS'N OF HELENA v. FULTON

No. 10455.

375 P.2d 312 (1962)

The HOME BUILDING AND LOAN ASSOCIATION OF HELENA, a Montana Corporation, and American Building and Loan Association, a Montana Corporation, Plaintiffs and Appellants, v. Dan FULTON, E.J. Byrne and John C. Alley, as Members of, and the State Board of Equalization of the State of Montana, and Edna J. Hinman, State Treasurer of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

October 25, 1962.

Attorney(s) appearing for the Case

Paul W. Smith, J. Miller Smith and Chadwick H. Smith, Helena, H. Cleveland Hall, Great Falls (Chadwick H. Smith and H. Cleveland Hall, argued orally), R.G. Wiggenhorn, Billings, Donovan Worden, Missoula, for appellants.

John R. Kline, Helena (argued orally), for respondents.

Randall Swanberg, Great Falls (argued orally), Horace Russell, Chicago, Ill., Amicus Curiae, for respondents.

JAMES T. HARRISON, Chief Justice.

In this cause the plaintiffs filed an action for a declaratory judgment in the district court of Lewis and Clark County, seeking, first, a determination as to whether or not there was a conflict between the provisions of sections 7-122 and 7-159, R.C.M. 1947, and those of section 84-1501, R.C.M. 1947, as amended by Chapter 155, Laws of 1961. Secondly, in the event no conflict is found, then whether or not the dividends paid by the...

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