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STATE EX REL. JENKINS v. CARISCH THEATRES, INC.

No. 13596.

564 P.2d 1316 (1977)

STATE of Montana on the relation of May JENKINS, Treasurer for Yellowstone County, State of Montana, Plaintiff and Respondent, v. CARISCH THEATRES, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided June 3, 1977.

Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Gallagher & Toole, Billings, for defendant-appellant.

Harold Hanser, County Atty., Billings, for plaintiff-respondent.

HATFIELD, Chief Justice.

This appeal from the district court, Yellowstone County, concerns the licensing of motion picture theaters.

From 1971 through 1976 Carisch Theatres, Inc. (Carisch) operated one drive-in theater and three theaters in the Cine 3 complex within the city limits of Billings, Montana. The treasurer of Yellowstone County, May Jenkins, claimed $100 per theater per year must be paid as a license fee, pursuant to section 84-3201(2), R.C.M. 1947...

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