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EVANS PRODUCTS CO. v. MISSOULA COUNTY

No. 81-417.

654 P.2d 523 (1982)

EVANS PRODUCTS COMPANY, a Delaware Corporation, Plaintiff and Respondent, v. MISSOULA COUNTY, a municipal corporation of the State of Montana; Fern Hart, as Clerk and Recorder and Treasurer, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 3, 1982.

Attorney(s) appearing for the Case

Robert L. Deschamps, III, County Atty., Missoula, R. Bruce McGinnis, Dept. of Revenue, Helena, for defendants and appellants.

Mulroney, Delaney & Dalby, Missoula, for plaintiff and respondent.

DALY, Justice.

Missoula County and the State Department of Revenue appeal from a summary judgment issued by the District Court of the Fourth Judicial District, Missoula County, in which the plaintiff, Evans Products Company, was refunded real property taxes it had paid under protest.

Evans Products Company (Evans) operated a plywood and wood products mill in Missoula County during the tax years 1977, 1978, and 1979.

In 1978 and 1979, Evans received...

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