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PORTLAND GEN. ELEC. v. DEPT. OF REVENUE

No. 88-160.

773 P.2d 1189 (1989)

PORTLAND GENERAL ELECTRIC COMPANY, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF REVENUE, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Donald R. Murray, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Thomas H. Nelson, argued, Stoel Rives, Boley, Jones & Grey, Portland, Or., for plaintiff and appellant.

Larry G. Schuster, argued, Dept. of Revenue, Helena, for defendants and respondents.

HARRISON, Justice.

Appellant, Portland General Electric (hereinafter PGE), appeals an order entered by the Honorable Henry Loble, First Judicial District Court, Lewis and Clark County, Montana, denying injunctive and declaratory relief. We affirm.

This case concerns the imposition of beneficial use taxes, pursuant to § 15-24-1203, MCA (1983), for appellant's use of the Hot Springs to Idaho Border portion of the BPA 500 kilovolts (KV) transmission line...

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