BURR v. DEPARTMENT OF REVENUE

No. 13836.

575 P.2d 45 (1978)

Shelley G. BURR (nee Eggert), Plaintiff and Respondent, v. DEPARTMENT OF REVENUE of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided January 30, 1978.


Attorney(s) appearing for the Case

Robert W. Corcoran (argued), Helena, for defendant and appellant.

Jack W. Burnett (argued), Billings, for plaintiff and respondent.


HARRISON, Acting Chief Justice.

The Department of Revenue of the State of Montana appeals from the judgment of the District Court, Park County. Judge W.W. Lessley ruled section 91-4414, R.C.M. 1947, as amended by the Montana legislature in 1973, applicable to the case and the correct statute to apply. Plaintiff was thereby entitled to recover the refund sum of $2,409.13.

The facts are not in dispute. Plaintiff, the sole surviving heir of Joyce and Robert Eggert...

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