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MONT. TAVERN ASS'N v. STATE, DEPT. OF REVENUE

No. 86-189.

729 P.2d 1310 (1986)

MONTANA TAVERN ASSOCIATION, et al., Plaintiffs and Respondents, v. STATE of Montana, acting By and Through the DEPARTMENT OF REVENUE, Defendant and Appellant.

Supreme Court of Montana.

Decided December 11, 1986.

Attorney(s) appearing for the Case

Michael G. Garrity, Dept. of Revenue, Helena, for defendant and appellant.

Philip W. Strope, Helena, for plaintiffs and respondents.

SHEEHY, Justice.

The Department of Revenue, State of Montana, appeals the judgment of the District Court, Second Judicial District, Silver Bow County, enjoining the Department from enforcing its administrative rules to the detriment of the plaintiffs. We affirm the District Court for the reasons set forth below.

In 1984, this Court held electronic poker machines were illegal under the Montana Card Games Act. Gallatin County v. D & R Music & Vending...

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