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SWARTZ v. BERG

No. 11064.

411 P.2d 736 (1966)

Ed SWARTZ, Plaintiff and Respondent, v. Ginny BERG, As County Treasurer of Lewis and Clark County, Montana, a political subdivision of the state of Montana, and John C. Alley, J. Morley Cooper, and Howard Lord, as members of and Constituting the State Board of Equalization of the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

As Modified on Denial of Rehearing March 17, 1966.

Attorney(s) appearing for the Case

W.F. Crowley (argued), Helena, William A. Douglas (argued), Helena, for appellants.

Risken & Scribner, Helena, Arthur William Scribner (argued), Helena, for respondent.

CASTLES Justice.

This is an appeal from a summary judgment entered against the defendants in the district court of the First Judicial District of the State of Montana.

This cause was heard on motion of the plaintiff for summary judgment and on cross-motion of the defendants for summary judgment, pursuant to Rule 56, M.R.Civ.P. The facts were agreed. District Judge Victor H. Fall concluded that the plaintiff was entitled to judgment as a matter of law and granted...

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