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UNITED STATES v. STATE OF MONT.

Civ. A. No. 1989.

437 F.Supp. 354 (1977)

UNITED STATES of America, Plaintiff, v. STATE OF MONTANA, Department of Revenue of the State of Montana, and W. A. Groff, as Director of Revenue of and for the State of Montana, and his successors in office, Defendants.

United States District Court, D. Montana, Helena Division.

August 19, 1977.

Attorney(s) appearing for the Case

John J. McCarthy, Chief Gen. Litigation Section, Tax Division, U. S. Dept. of Justice, Washington, D. C., Charles E. Stratton, Trial Atty. — Tax Division, U. S. Dept. of Justice, Washington, D. C., Thomas A. Olson, U. S. Atty., Billings, Mont., for plaintiff.

Terry B. Cosgrove, Sp. Asst. Atty. Gen., Helena, Mont., Robert A. Poore, Sp. Asst. Atty. Gen., Butte, Mont., for defendants.

Before KILKENNY, Circuit Judge, and EAST and SMITH, District Judges.

DECISION

EAST, Senior District Judge:

The Action:

The United States of America, by and through an appropriate delegate of the Department of the Army, (Government) filed this action in April, 1971 against the State of Montana and the above named officials of that state (State). During the proceedings, the three-judge District composed of Judges Browning, East and Smith postponed the proceedings...

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