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PETER KIEWIT SONS' CO. v. STATE BOARD OF EQUALIZATION

No. 12199.

505 P.2d 102 (1973)

PETER KIEWIT SONS' CO., a corporation, Plaintiff and Appellant, v. STATE BOARD OF EQUALIZATION of the State of Montana et al., Defendants and Respondents.

Supreme Court of Montana.

Decided January 10, 1973.

Rehearing Denied January 29, 1973.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Sherman V. Lohn and Lawrence F. Daly argued, Missoula, for plaintiff and appellant.

Scott P. Crampton and Gilbert E. Andrews, Jr., Bruce I. Kogan argued, Washington, D.C., amicus curiae.

Poore, McKenzie & Roth, Robert A. Poore, argued, Butte, Jene Bell appeared, Helena, for defendants and respondents.

CASTLES, Justice.

This is an appeal from a judgment of the district court of the first judicial district, county of Lewis and Clark.

In February and March 1971, plaintiff Peter Kiewit Sons' Co. paid a total of $8,726.47 as gross receipts tax payments in compliance with Chapter 35, Title 84, R.C.M. 1947. At the same time, plaintiff also filed letters of protest with defendant State Board of Equalization challenging the validity of the public contractors' license...

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