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STATE EX REL. B.N. v. MONTANA STATE TAX APP. BD.

No. 13307.

548 P.2d 616 (1976)

STATE of Montana ex rel. BURLINGTON NORTHERN, INC., Relator, v. MONTANA STATE TAX APPEAL BOARD, an agency of the State of Montana having quasi-judicial powers, and Montana Department of Revenue, an executive agency of the State of Montana, Respondents.

Supreme Court of Montana.

April 14, 1976.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Ward A. Shanahan, argued, Helena, for Burlington Northern.

R. Bruce McGinnis, argued, Helena, for Dept. of Revenue.

Charles A. Smith, III, argued, Helena, for State Tax Appeal Bd.

ORDER

PER CURIAM:

Relator petitions for an appropriate writ directing that a certain order dated March 11, 1976, of the Montana State Tax Appeal Board (hereafter referred to as STAB) be withdrawn and an order entered granting relator's motion for a summary ruling.

Upon the filing of the petition an order was made setting the same for an adversary hearing, which was held on April 8, 1976. Briefs were filed by all parties, a motion to dismiss was filed...

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