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ALPHA INDUSTRIES, INC. v. MONTANA LIQUOR CONTROL BOARD

Nos. 10865, 10866.

403 P.2d 606 (1965)

ALPHA INDUSTRIES, INC., a corporation, Plaintiff and Respondent, v. THE MONTANA LIQUOR CONTROL BOARD, and Ed Rafn, Ashton Jones, John McLaughlin, Walter Morris and Robert Arnot, Constituting the members of said Board, Defendants and Appellants. JOVENE COMPANY, a corporation, Plaintiff and Respondent, v. The MONTANA LIQUOR CONTROL BOARD, a body politic of the State of Montana, Ed Rafn, Ashton Jones, John McLaughlin, Walter Morris and Robert Arnot, Individually and as members of the Montana Liquor Control Board, Defendants and Appellants.

Supreme Court of Montana.

Decided June 23, 1965.

Attorney(s) appearing for the Case

H.J. Luxan (argued), Helena, for appellants.

John W. Bonner, Arthur P. Acher (argued), Wellington D. Rankin, Helena, for respondent Alpha Industries, Inc.

Lamey, Crowley, Kilbourne, Haughey & Hanson, Billings, Henry I. Grant, Jr. (argued), Columbus, Myles J. Thomas, Jr. (argued), Billings, for respondent Jovene Co.

CASTLES, Justice.

These concurrent appeals by the Montana Liquor Control Board and its members, hereinafter referred to as the Board, are the result of declaratory judgments adverse to the contentions of the Board. The judgment in favor of the respondent, Alpha Industries, Inc., was rendered by the District Court of Lewis and Clark County. The judgment in favor of the respondent, Jovene Company, was rendered by the District Court of Stillwater County. These judgments...

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