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WESTERN ENERGY CO. v. STATE, DEPT. OF REV.

No. 98-713.

990 P.2d 767 (1999)

1999 MT 289

WESTERN ENERGY COMPANY, Petitioner and Respondent, v. The STATE of Montana, DEPARTMENT OF REVENUE, Respondents and Appellants.

Supreme Court of Montana.

Decided November 26, 1999.

Attorney(s) appearing for the Case

Brendan R. Beatty, Montana Department of Revenue; Helena, Montana, For Appellants.

John Alke, Hughes, Kellner, Sullivan & Alke; Helena, Montana, For Respondent.

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

¶ 1 Western Energy Company ("WECO"), petitioned the District Court for the First Judicial District of Lewis and Clark County to review the State Tax Appeal Board's decision upholding the Department of Revenue's method of calculating WECO's coal production taxes. The District Court concluded that the Department's method of calculation misapplied the law and ordered that WECO owed no additional coal...

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