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COMMONWEALTH EDISON CO. v. STATE

No. 14982.

615 P.2d 847 (1980)

COMMONWEALTH EDISON CO. et al., Plaintiffs and Appellants, v. STATE of Montana et AL., Defendants and Respondents. LAKE SUPERIOR DIST. POWER CO. et al., Plaintiffs and Appellants, v. STATE of Montana et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 17, 1980.

Attorney(s) appearing for the Case

Hooks & Budewitz, Townsend, John Carl, argued, Butte, Rogers & Wells, New York City, William P. Rogers, argued, and William R. Glendon, argued, New York City, for appellants.

Garrity, Keegan & Brown, Helena, Mark White, Atty. Gen., argued Austin, Tex., for amicus curiae.

Mike Greely, Atty. Gen., argued, Helena, Mike McGrath and Mike McCarter, Asst. Attys. Gen., argued, Helena, Cannon & Gillespie, Ross Cannon, argued, Helena, for respondents.

Leo F.J. Wilking, Sp. Asst. Atty. Gen., argued, for State Tax Commissioner, Bismarck, N.D., for amicus curiae.

SHEEHY, Justice.

This is an appeal from a judgment of the District Court, First Judicial District, Lewis and Clark County, Montana, the Hon. Peter G. Meloy presiding, upholding the validity of Montana's coal severance tax.

Plaintiffs sought a declaratory judgment from the District Court that the tax unconstitutionally burdens interstate commerce and unconstitutionally frustrates federal policy. Commonwealth Edison Company and its coplaintiffs brought one action...

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