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ROOSEVELT v. MONTANA DEPT. OF REVENUE

No. 98-495.

975 P.2d 295 (1999)

1999 MT 30

Theodore ROOSEVELT, IV, Petitioner and Respondent, v. MONTANA DEPARTMENT OF REVENUE, Respondent and Appellant.

Supreme Court of Montana.

Submitted February 2, 1999.

Decided February 19, 1999.

Attorney(s) appearing for the Case

Lawrence G. Allen (argued) and Patrick N. Dringman, Tax Counsels; Department of Revenue; Helena, Montana, for Appellant.

James A. Hubble (argued), Attorney at Law; Stanford, Montana, for Respondent.

Donald R. Herndon (argued); Herndon, Sweeney & Halverson, P.C.; Billings, Montana, for amicus Jeffrey Vern Essmann.

Justice TERRY N.TRIEWEILER delivered the Opinion of the Court.

¶ 1 Theodore Roosevelt, IV, who was designated the petitioner, and the Montana Department of Revenue, which was designated the respondent, filed a joint petition in the District Court for the Tenth Judicial District in Fergus County for interlocutory adjudication pursuant to §§ 15-2-304 and-305, MCA, of legal issues raised before the Montana State...

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