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MONTANA CHAP., NAT. ELEC. CON. ASS'N v. STATE BD. OF ED.

No. 10114.

352 P.2d 258 (1960)

MONTANA CHAPTER, NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, a Montana corporation, Associated Plumbing and Heating Contractors of Montana, a Montana corporation, F.L. Dye Company, a Montana corporation, Frank J. Trunk and Son, Inc., a Montana corporation, Budd Plumbing and Heating, Inc., a Montana corporation, Arthur L. Stuart, doing business as Bozeman Electric, and J. W. Tschache and Ottley R. Tschache, a co-partnership, Plaintiffs and Appellants, v. STATE BOARD OF EDUCATION, an administrative agency of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided May 26, 1960.

Attorney(s) appearing for the Case

John H. Risken. Helena, argued orally for appellants.

Forrest H. Anderson, Attorney General, Wayne E. Linnell, Asst. Atty. General for respondent. Wayne E. Linnell argued orally.

HARRISON, Chief Justice.

This action was commenced by certain plumbing, heating and electrical contractors, as taxpayers and as contractors, and by two corporations representing other similarly situated, to determine whether section 82-1131, R.C.M. 1947, prohibits the performance of construction and repair work exceeding a cost of $500 by maintenance and student employees at state educational institutions under the supervision of the State Board of Education.

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