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LAZY JD CATTLE CO. v. STATE BOARD OF EQUALIZATION

No. 12248.

504 P.2d 287 (1972)

LAZY JD CATTLE COMPANY et al., Plaintiffs and Respondents, and Herrin Ranch, Inc., Plaintiff in Intervention, v. STATE BOARD OF EQUALIZATION of the State of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 5, 1972.

Attorney(s) appearing for the Case

Edward Jene Bell, argued, Board of Equalization, Helena, for defendants and appellants.

Luxan & Murfitt, Helena, H.J. Luxan, Helena, appeared, John R. Kline, argued, Helena, Loble, Picotte & Loble, Helena, Douglas M. Greenwood, Helena, appeared, for plaintiffs and respondents.

HASWELL, Justice.

Plaintiffs are corporate taxpayers who brought a class action against defendant State Board of Equalization seeking a declaratory judgment establishing their right to net operating loss deductions in computing their state corporation license taxes. The district court of Lewis and Clark County, the Hon. Gordon Bennett, district judge, entered summary judgment for plaintiffs and denied the summary judgment sought by defendant. From this final judgment...

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