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NORTHWEST AIRLINES v. JOINT CITY-COUNTY AIR. BD.

No. 11708.

463 P.2d 470 (1970)

NORTHWEST AIRLINES INC., and Western Airlines, Inc., Plaintiffs and Appellants, v. JOINT CITY-COUNTY AIRPORT BOARD, Lewis & Clark County, City of Helena, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided January 5, 1970.

Attorney(s) appearing for the Case

Hibbs, Sweeney & Colberg, Rex F. Hibbs, argued, Billings, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., Daniel B. Silver, appeared, Washington, D.C., for appellants.

Thomas Dowling, County Atty., C.W. Leaphart, City Atty., Leo J. Kottas, Jr., State Bd. of Equalization, Thomas Mahan, argued, Philip Strope, appeared, Helena, for respondents.

CASTLES, Justice.

Plaintiffs, hereinafter referred to as appellants, brought this action in the district court of the First Judicial District, in and for the County of Lewis and Clark, seeking a permanent injunction against the imposition of the tax authorized by Chapter 281, Laws of 1969, and a declaratory judgment that Chapter 281 is unconstitutional under the constitutions of the United States and the State of Montana. The court granted an order restraining imposition...

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