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STATE, EX REL., v. TUCKER

No. 39,464

176 Kan. 192 (1954)

269 P.2d 447

THE STATE OF KANSAS, on the Relation of DONALD E. MARTIN, County Attorney of Wyandotte County, Kansas, Plaintiff, v. CLARK E. TUCKER, Mayor Commissioner; FRANCIS W. BLAKE, Commissioner of Boulevards, Parks and Streets; EARL B. SWARNER, Commissioner of Finance, Health and Public Property, Defendants.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Donald E. Martin, county attorney, of Kansas City, argued the cause, and Donald A. Hardy, assistant county attorney, of Kansas City, was with him on the briefs for plaintiff.

C.W. Brenneisen, Jr., city attorney, of Kansas City, argued the cause, and Joseph A. Lynch, William H. Towers, John J. Ziegelmeyer, and James J. Lysaught, all deputy city attorneys, of Kansas City, were with him on the briefs for defendants.

The opinion of the court was delivered by

HARVEY, C.J.:

This original proceedings in quo warranto brought by the state questions the constitutionality of section 1, chapter 83, Laws 1953 (1953 Supp. G.S. 1949, 13-1024) which amended G.S. 1949, 13-1024. The section amended and the amending section are alike in part and differ in part. We print them here putting in parentheses the language omitted from G.S. 1949, 13...

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