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BUELOW v. WILLEMS

No. 86-174.

731 P.2d 1309 (1987)

H.D. BUELOW, d/b/a Olive Motor Inn, Gardner Grenz, d/b/a 600 Lounge, Alvin L. Young, Plaintiffs and Respondents, v. John K. WILLEMS and Department of Revenue, State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided February 3, 1987.

Attorney(s) appearing for the Case

Michael G. Garrity argued, Tax Counsel, Dept. of Revenue, Helena, for defendants and appellants.

H.D. Buelow argued, Kenneth R. Wilson, Miles City, for plaintiffs and respondents.

GULBRANDSON, Justice.

The Montana State Department of Revenue (the Department) and John Willems, a Department investigator, appeal a Custer County District Court order which grants a permanent injunction to the plaintiffs (respondents here) H.D. Buelow, Gardner Grenz, and Alvin Young. The injunction prevents the Department from seizing respondents Buelow's and Young's video poker machines and from conducting an administrative hearing on the ownership and licensing...

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