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Civil Procedure Keyed to Babcock
Montana v. United States
Facts
The government brought suit against Montana for charging a tax on contractors who worked on public constructions projects. The continuation of the case was dependent on the outcome of Peter Kiewit Sons’ Co. v. State Board of Equalization (1973),that tried the same issue in state court. The Montana Supreme Court ruledin favor of the tax andKiewit filed another complaint requesting refunds of taxes that were not at issue in the original lawsuit. The court dismissed the complaint on the basis of res judicata. In the case against Montana, the court held that Kiewit was not binding and struck the tax down as unconstitutional.
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