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MONTANA BD. OF NAT. RES. & CON. v. MONTANA POWER CO.

No. 12889.

536 P.2d 758 (1975)

MONTANA BOARD OF NATURAL RESOURCES AND CONSERVATION et al., Plaintiffs and Appellants, v. The MONTANA POWER COMPANY, a corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided March 31, 1975.

Attorney(s) appearing for the Case

Ted J. Doney, Donald D. MacIntyre & Allen B. Chronister, Helena, Donald D. MacIntyre (argued), Robert T. Cummins (argued), Helena, for plaintiffs and appellants.

Thomas N. Kelly (argued), Billings, William Coldiron and William John Carl, Butte, for defendant and respondent.

JOHN C. HARRISON, Justice.

This is an appeal by the Montana Board of Natural Resources and Conservation from a judgment of the district court, Lewis and Clark County. The presiding judge Honorable Peter G. Meloy held the Montana Power Company exempt from section 70-811(3), R.C.M. 1947.

This matter was first before this Court in an original proceeding, Montana Board of Natural Resources v. The Montana Power Co., 31...

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