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CHICAGO, MILWAUKEE, ST. PAUL & PAC. R. CO. v. BENNETT

Nos. 10876, 10877, 10884, 10885.

399 P.2d 986 (1965)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Corporation, Plaintiff and Appellant, v. Pearl L. BENNETT, Treasurer of Mineral County, Montana, the State Board of Equalization of the State of Montana, and James A. Liggett, E. J. Byrne and W. J. Winters, as members of and constituting the State Board of Equalization of the State of Montana, Defendants and Respondents. Juanita Russell, Treasurer of Mineral County, MOntana, the State Board of Equalization of the State of Montana, and J. F. Reid, E. J. Byrne and W. J. Winters, as members of and constituting the State Board of Equalization of the State of Montana, Defendants and Respondents. NORTHERN PACIFIC RAILWAY COMPANY, a Corporation, Plaintiff and Appellant, v. Pearl L. BENNETT, Treasurer of Mineral County, and State Board of Equalization of the State of Montana, Defendants and Respondents. Juanita Russell, Treasurer of Mineral County, and State Board of Equalization of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

March 15, 1965.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, James A. Robischon (argued), Butte, for appellant Northern Pac. Ry. Co.

Garlington, Lohn & Robinson, Missoula, Sherman V. Lohn (argued), Missoula, William Evan Jones (argued), Missoula, for appellant Chicago, M., St. Paul & Pac. R. Co.

Walter T. Murphy (argued), Superior, for respondents Pearl L. Bennett, Juanita Russell, et al.

THOMAS DIGNAN, District Judge, (sitting in place of CASTLES, Justice).

These are appeals from summary judgments entered in the district court of Mineral County in favor of the defendants. The causes were consolidated for hearing on appeal.

While various errors are specified by the plaintiffs-appellants, they resolve themselves into one question, that is, whether or not Section 16-2048, R.C.M. 1947, enacted in 1879, hereinafter designated the 1879 Act, was...

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