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HOLLOW v. STATE

No. 85-447.

723 P.2d 227 (1986)

John L. HOLLOW, Plaintiff, v. STATE of Montana, Montana Economic Development Board, D. Patrick McKittrick, Yvonne Snider, Jeremiah R. Sullivan, G. Steven Brown, Karen R. Locke, John C. Orth, Jackson L. Schutte, as members of said Montana Economic Development Board, Montana State Department of Commerce, and Keith Colbo, Director of said Department of Commerce, Defendants.

Supreme Court of Montana.

Decided August 8, 1986.

Attorney(s) appearing for the Case

Hull & Sherlock, Jeffrey M. Sherlock (argued), Helena, for plaintiff.

Dorsey & Whitney, Mae Nan Ellingson (argued), Great Falls, for defendants.

SHEEHY, Justice.

In this case we determine and hold that the provisions of § 17-6-308, MCA, which permit the use of in-state investment fund monies (§ 17-6-306, MCA) derived from taxation to guarantee loans or bonds of private individuals or private entities either directly or through the capital reserve account (§ 17-5-1515, MCA) or through the economic development guaranty fund (§ 17-5-1520, MCA) are unconstitutional from the viewpoint of our...

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