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STATE v. HOLMES

No. 9623.

295 P.2d 1045 (1956)

STATE of Montana ex rel. John V. SCHARA, Plaintiff, Relator and Respondent, v. John J. HOLMES, State Auditor, Defendant and Appellant.

Supreme Court of Montana.

April 6, 1956.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Mr. Emmet T. Walsh, Asst. Atty. Gen., (John L. McKeon, Sp. Asst. Atty. Gen., argued the case orally), for appellant.

Wesley W. Wertz, Helena, argued the case orally, for respondent.

DeKalb, Dockery & Symmes, Lewistown, amici curiae.

ANDERSON, Justice.

The plaintiff, a taxpayer, brought this action for the purpose of enjoining John J. Holmes, the state auditor of the State of Montana, from auditing and processing any claim for the payment of any sums of money which were authorized by Chapter 265, Laws of Montana 1955. The intent of the 1955 Act was to create a legislative interim committee composed of members of the House of Representatives and members of the Senate.

The complaint sets...

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