STATE v. STATE BOARD OF EQUALIZATION

No. 10943.

403 P.2d 635 (1965)

STATE of Montana ex rel. SCHULTZ-LINDSAY CONSTRUCTION COMPANY, Inc., Plaintiff and Relator, v. The STATE BOARD OF EQUALIZATION of the State of Montana, John C. Alley, Chairman, Morley Cooper and Howard Lord, as members thereof, the State Highway Commission of the State of Montana, Alex Blewett, Chairman, Joseph N. Nass, S.N. Halvorson, A.M. Swanson and D.W. Van Delinder, as Members thereof, Defendants and Respondents.

Supreme Court of Montana.

Decided April 26, 1965.


Attorney(s) appearing for the Case

Arnold A. Berger (argued), Billings, for appellant.

Edward Dussault (argued), Missoula, Jean Turnage (argued), Polson, A. W Scribner (argued), Helena, amici curiae.

Forrest H. Anderson, Atty. Gen., Helena, Donald A. Garrity, Asst. Atty. Gen., (argued), Helena, William A. Douglas (argued), Helena, Donald D. MacPherson (argued), Helena, for respondents.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding. On March 31, 1965, relator filed a petition requesting this court to accept original jurisdiction of a declaratory judgment action to test the validity of House Bill 506, enacted into law by the Thirty-ninth Legislative Assembly of the State of Montana, as Chapter 277 of the Laws of 1965. Hereafter, for brevity, this will be referred to as the Act.

Relator alleged in its petition that the United...

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