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STATE EX REL. WOODAHL v. STRAUB

No. 12651.

520 P.2d 776 (1974)

STATE ex rel. Robert L. WOODAHL, Attorney General of the State of Montana, and the Montana Department of Revenue, Relators, v. Herbert F. STRAUB et al., Respondents.

Supreme Court of Montana.

Decided February 6, 1974.

Rehearing Denied April 24, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Dennis Lind argued, Asst. Atty. Gen., George Losleben, Asst. Atty. Gen., appeared, R. Bruce McGinnis argued, Helena, for relators.

A.W. Scribner argued, Helena, Denzil Young, County Atty., argued, Baker, Sandall, Moses and Cavan, Charles F. Moses argued and Ralph S. Wright argued, Billings, for respondents.

Robert Brooks, County Atty., argued, Broadus, Carroll Blend argued, Helena, for intervenors.

Richard J. Conklin, County Atty., argued, White Sulphur Springs, Ralph Herriott, County Atty., argued, Hysham, for amici curiae.

CASTLES, Justice.

This is an original proceeding brought by the Attorney General and the Montana Department of Revenue. The petition requested assumption of jurisdiction by this Court of a complaint which seeks a declaratory judgment under Title 93, Chapter 89, Revised Codes of Montana, 1947. The named defendants are the county commissioners and the county treasurer of Fallon County. On ex parte presentation the Court accepted jurisdiction; allowed the filing of the...

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