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SECURITY BANK AND TRUST COMPANY v. CONNORS

No. 13221.

550 P.2d 1313 (1976)

SECURITY BANK AND TRUST COMPANY et al., Plaintiffs and Respondents, v. Hollis G. CONNORS, as Montana State Treasurer, and Keith L. Colbo, as Director of Montana Department of Revenue, Defendants and Appellants. FIRST NATIONAL BANK AND TRUST COMPANY OF HELENA et al., Intervenor, v. SECURITY BANK AND TRUST COMPANY, a Montana Banking Corporation, et al., Defendants.

Supreme Court of Montana.

Decided May 24, 1976.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Joseph R. Massman, argued, Helena, for defendants and appellants.

Gough, Booth, Shanahan & Johnson, Ronald F. Waterman argued and Ward A. Shanahan, appeared, Helena, Morrow, Nash & Sedivy, Edmund P. Sedivy, argued, Bozeman, Towe, Neely & Ball, Billings, for plaintiffs and respondents.

HASWELL, Justice.

Defendants appeal through the Department of Revenue from a summary judgment in the district court ordering the state treasurer to refund to plaintiff Security Bank and Trust Company the corporation license tax for the year 1972 paid by plaintiff under protest. Appeal is also taken from the district court's decree on behalf of intervenor First National Bank and Trust Company of Helena, that the Department may not levy and collect a corporation license...

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