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CLOUD PEAK ENERGY RESOURCES, LLC v. STATE

No. DA 14-0057.

340 P.3d 1258 (2015)

2015 MT 10

CLOUD PEAK ENERGY RESOURCES, LLC, Plaintiff, Appellee and Cross-Appellant, v. STATE of Montana, DEPARTMENT OF REVENUE, Defendant, Appellant and Cross-Appellee.

Supreme Court of Montana.

Submitted November 25, 2014.

Decided January 13, 2015.

Attorney(s) appearing for the Case

For Appellant: Brendan R. Beatty (argued); Courtney Jenkins , Special Assistant Attorneys General; Helena, Montana.

For Appellee: Kyle A. Gray (argued); Robert L. Sterup, Jr. , Holland & Hart LLP; Billings, Montana.

¶ 1 The State of Montana, Department of Revenue (Department) appeals from the portion of the judgment entered by the First Judicial District Court, Lewis & Clark County, holding that the market value of coal sold under non-arm's length agreements is determined by comparing its price with...

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