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EAGLE COMMUNICATIONS v. TREAS. OF FLATHEAD CTY.

No. 83-392.

685 P.2d 912 (1984)

EAGLE COMMUNICATIONS, INC., Plaintiff and Appellant, v. TREASURER OF FLATHEAD COUNTY, Montana, and the Department of Revenue of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided July 10, 1984.

Attorney(s) appearing for the Case

E. Eugene Atherton, argued, Diane B. Walsh, Kalsipell, for plaintiff and appellant.

Ted O. Lympus, County Atty., Jonathan B. Smith, argued, Deputy County Atty., Kalispell, Larry G. Schuster, argued, Dept. of Revenue, Helena, for defendant and respondent.

WEBER, Justice.

Eagle Communications, Inc. (Eagle) appeals from the order of the Eleventh Judicial District Court, Flathead County, denying Eagle's motion for an order compelling the Flathead County Treasurer (Treasurer) to join in a settlement agreement and dismissing Eagle's action for recovery of 1980 taxes. We affirm.

The issues are:

1. Whether section 15-1-402, MCA, before amendment in 1981, required initiation of a separate lawsuit for each tax...

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