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BURLINGTON NORTHERN, INC. v. FLATHEAD COUNTY

No. 12263.

512 P.2d 710 (1973)

BURLINGTON NORTHERN INC., successor to Great Northern Railway Company, a corporation, Plaintiff and Appellant, v. FLATHEAD COUNTY, a political subdivision of the State of Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 13, 1973.

Rehearing Denied July 31, 1973.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Ward Shanahan argued, Helena, for plaintiff and appellant.

Baldwin & Jellison, M. Dean Jellison argued, Kalispell, for defendants and respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a summary judgment entered in the district court of the eleventh judicial district, Flathead County, in an action challenging a 1968 county airport levy. The trial court held for the county and plaintiff railroad company appeals.

The Board of County Commissioners of Flathead County in its 1968-69 budget adopted the following budget for the county airport fund:

                         "Taxable Valuation...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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