Garrett Freightlines, Inc. v. Montana Railroad & Public Service Commission

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Appeal by the plaintiff from a judgment entered in the dis-*381strict court of Lewis and Clark County following the sustaining of a motion to dismiss filed by the defendants. Plaintiff filed this action and alleged that certain portions of the Montana Motor Carrier Act, (Chap. 1,' Title 8, R.C.M.1947) violated the Constitutions of the State of Montana and the United States. . Defendants filed motion to dismiss on the .■ground the complaint failed to state a claim upon which relief could be granted.' The district court granted…