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STATE OF MONTANA, ETC. v. UNITED STATES

No. 72-2038.

489 F.2d 522 (1973)

The STATE OF MONTANA, acting By and Through the BOARD OF ADMINISTRATION OF the PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF the STATE OF MONTANA, Plaintiff-Appellant, v. UNITED STATES of America, and Caspar W. Weinberger, as Secretary of Health, Education and Welfare of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 27, 1973.

Attorney(s) appearing for the Case

Michael J. Hughes, Sp. Asst. Atty. Gen., Robert L. Woodahl, Atty. Gen., State of Montana, Helena, Mont., for plaintiff-appellant.

Otis L. Packwood, U. S. Atty., Butte, Mont., Kenneth A. Rutherford, U. S. Dept. of Justice, Morton Hollander, Chief App. Section, Robert M. Feinson, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendants-appellees.

Before ALDRICH, ELY and WALLACE, Circuit Judges.

ALDRICH, Senior Circuit Judge:

This is a test suit for recovery of a tax paid by the State of Montana, assessed upon it by the Secretary of HEW as an employer contribution due, assertedly, on account of fees collected and lawfully retained by a Mr. Howard, a justice of the peace for performing marriage ceremonies. The district court decided in favor of the Secretary, and the State appeals.

Montana justices of the peace perform various duties for which statutory...

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