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NORTHERN BORDER PIPELINE CO. v. STATE

No. 88-619.

772 P.2d 839 (1989)

NORTHERN BORDER PIPELINE COMPANY, a partnership, Plaintiff and Respondent, v. The STATE of Montana; the Department of Revenue of the State of Montana; Ken Nordtvedt, Director of the Department of Revenue of the State of Montana; Valley County, Montana, a political division of the State of Montana having Corporate Power; Arden Nichols, Valley County Commissioner, Arthur Arnold, Valley County Commissioner, Eleanor Pratt, Valley County Commissioner, Marla J. DeBray, Valley County Treasurer; Ellen Byrnes, Valley County Assessor, Roosevelt County, Montana, a Political Division of the State of Montana having Corporate Power; James R. Halverson, Roosevelt County Commissioner; LaVern Schledewitz, Roosevelt County Commissioner; Alfred Kaschube, Roosevelt County Commissioner; and Virginia W. Plouffe, Roosevelt County Treasurer, Leo F. Kaschube, Roosevelt County Assessor, Defendants and Appellants.

Supreme Court of Montana.

Decided April 20, 1989.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., David W. Woodgerd, Dept. of Revenue, Helena, David L. Nielsen, Valley County Atty., Glasgow, James A. McCann, Roosevelt County Atty., Wolf Point, for defendants and appellants.

Michael E. Webster and Ronald R. Lodders, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for plaintiff and respondent.

SHEEHY, Justice.

The defendants above named appeal from an order and judgment of the District Court, Seventeenth Judicial District, Valley County, denying appellants attorneys' fees in a case where the appellants were successful in securing the dissolution of an injunctive order.

The District Court reasoned that it would not award attorneys' fees as an element of damages here because Roosevelt County, Valley County and the State of Montana

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