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MONTANA BANKERS ASS'N v. MONTANA DEPT., ETC.

No. 13777.

580 P.2d 909 (1978)

MONTANA BANKERS ASSOCIATION et al., Plaintiffs and Respondents, v. MONTANA DEPARTMENT OF REVENUE, Defendant and Appellant.

Supreme Court of Montana.

Decided June 9, 1978.

Rehearing Denied June 28, 1978.

Attorney(s) appearing for the Case

R. Bruce McGinnis (argued), Helena, for defendant and appellant.

Hughes, Bennett & Cain, Luxan, Murfitt & Davis, Helena, Howard J. Luxan (argued), Helena, Gough, Shanahan, Johnson & Waterman, Helena, Ronald F. Waterman (argued), Helena, Church, Harris, Johnson & Williams, Great Falls, for plaintiffs and respondents.

HASWELL, Chief Justice.

The Montana Department of Revenue (DOR) appeals from the judgment of the District Court, Lewis and Clark County, granting summary judgment and declaratory relief to the Montana Bankers Association (MBA), various member banks, and an individual shareholder. The substance of the judgment held that stocks, bonds, treasury notes and other obligations of the United States held by Montana banks were exempt from taxation under the "Montana Bank Shares...

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