Flamm v. Real-Blt, Inc., 168 Mont. 351 (1975)

Citation: Flamm v. Real-Blt, Inc., 168 Mont. 351 (1975)
Parent Document: Flamm v. Real-Blt, Inc., 168 Mont. 351 (1975)
Jurisdiction: Montana (state)
Effective Date: 1975-11-26
Original Source: https://www.courtlistener.com/opinion/8068368/flamm-v-real-blt-inc/ ↗

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Plaintiff further contends (a) that defendant is subject to the requirements of the federal constitution because it is performing a governmental function; (b) that the announced policy of the federal government is “the realization as soon as feasible of the goal of a decent home and suitable living environment for every American family”, 42 U.S.C. § 1441; and (c) that the program here under consideration is designed to assist private industry in providing housing. For support plain*355tiff cites McQueen; Marsh v. Alabama, 326 U.S. 501, 66 S.Ct. 276, 90 L.Ed. 265; Evans v. Newton, 382 U.S. 296, 86 S.Ct. 486, 15 L.Ed.2d 373. McQueen has already been factually distinguished. Marsh involved the right to distribute religious literature in a company owned town contrary to the wishes of the town’s management. The United States Supreme Court found state action there. Evans involved a park created pursuant to a trust established in a will. The park was initially operated by the city and later by private persons. The United States Supreme Court found in fact, the operation and maintenance of the park had not changed hands.

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