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PETER KIEWIT SONS' CO. v. DEPARTMENT OF REVENUE

No. 12754.

531 P.2d 1327 (1975)

PETER KIEWIT SONS' CO., a corporation, Plaintiff and Appellant, v. DEPARTMENT OF REVENUE et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 21, 1975.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Lawrence F. Daly (argued), Sherman V. Lohn (argued), Missoula, for appellant.

Terrence B. Cosgrove (argued), Helena, Poore, McKenzie & Roth, Robert A. Poore (argued), Butte, for respondents.

CASTLES, Justice.

This is an appeal by plaintiff from a summary judgment for defendant granted after a hearing.

On January 10, 1973, this Court decided cause No. 12199, Peter Kiewit Sons' Co. v. State Board of Equalization, et al., 161 Mont. 140, 505 P.2d 102, where we upheld the validity of Chapter 35, Title 84, R.C.M. 1947, as amended.

On July 18, 1973, plaintiff-appellant, hereinafter referred to as Kiewit, filed...

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