Fulton v. Farmers Union Grain Terminal Assn. Association., 10374

• Decision Date: 29 November 1961
• Docket Number: No. 10374,10374
• Parties: Dan FULTON, John C. Alley and E. J. Byrne, as Members of the State Board of Equalization of the State of Montana, Plaintiffs, v. FARMERS UNION GRAIN TERMINAL ASSOCIATION, a Minnesota Corporation, Farmers Co-op Supply, Inc., of Lake County, a Montana Corporation, and Associated Food Stores, Inc., a Utah Corporation, Defendants.
• Court: Montana Supreme Court

Page 110

374 P.2d 110

139 Mont. 638

Dan FULTON, John C. Alley and E. J. Byrne, as Members of the

State Board of Equalization of the State of

Montana, Plaintiffs, v. FARMERS UNION GRAIN TERMINAL ASSOCIATION, a Minnesota

Corporation, Farmers Co-op Supply, Inc., of Lake

County, a Montana Corporation, and

Associated Food Stores, Inc.,

a Utah Corporation,

Defendants.

No. 10374.

Supreme Court of Montana.

Nov. 29, 1961.

Original proceeding.

PER CURIAM.

Application for leave to file a complaint for declaratory judgment having been filed herein by plaintiffs and having been heard ex parte, and it appearing to this court upon consideration that a factual situation could possibly arise, and this court being without facilities to conduct a hearing should one be required;

It is therefore ordered that the application be denied without prejudice.