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GARDEN SPOT MARKET, INC. v. BYRNE

No. 10528.

378 P.2d 220 (1963)

141 Mont. 382

GARDEN SPOT MARKET, INC., a Montana Corporation, Plaintiff and Respondent, and Gordon's Jewelry, Inc., Plaintiff, Intervenor and Appellant, v. E.J. BYRNE, Dan Fulton and John C. Alley, as Members of and Constituting the State Board of Equalization of the State of Montana, Defendants and Appellants, and Robert Abel, Defendant and Appellant.

Supreme Court of Montana.

Decided January 24, 1963.

Attorney(s) appearing for the Case

Patrick F. Hooks (argued), John R. Kline (argued), Edwin S. Booth (argued), Cordell Johnson, Helena, for appellants.

Henry Loble (argued), Helena, Jerome Anderson (argued), Billings, for respondent.

CASTLES, Justice.

This is what has been described as "The Killum Dead Trading Stamp Case." An unknown reporter fashioned the title for the Thirty-seventh Legislative Assembly's Chapter 153 of the Session Laws of Montana, 1961, and that appellation appears in the record before us.

This appeal involves a question of the constitutionality of Chapter 153, Laws of Montana, 1961.

In summary, Chapter 153, hereinafter referred to as the Act, provides that...

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