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STATE, EX REL., v. ANDERSON

No. 40,265

180 Kan. 120 (1956)

299 P.2d 1078

STATE OF KANSAS, ex rel. HAROLD R. FATZER, (JOHN ANDERSON, JR., substituted), as Attorney General of the State of Kansas, Plaintiff, v. A.E. ANDERSON, HOWARD BENTLEY, CLYDE LITTLER, DALE E. SAFFELS, DONALD S. HULTS, C.L. HUXMAN and R.C. WOODWARD, as Members of the Pretended Legislative Investigating Committee Created Pursuant to House Joint Resolution No. 1, Budget Session of 1956; R.T. FADELY, State Treasurer, and ROY SHAPIRO, Controller of State, Defendants.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

John Anderson, Jr., attorney general, argued the cause, and Paul E. Wilson, Robert E. Hoffman, and Robert J. Roth, assistant attorneys general, were with him on the briefs for the plaintiff.

W.D. Jochems and George Stallwitz, both of Wichita, argued the cause and W.F. Lilleston, of Wichita, was with them on the briefs for the defendants.

The opinion of the court was delivered by

SMITH, C.J.:

This is an original action in quo warranto wherein the state on the relation of the attorney general seeks to oust a committee of the legislature from carrying out powers purporting to be conferred on it by a resolution of the budget session of 1956 and to oust the members of the committee and each of them as members of the committee and the state treasurer and controller of the state from expending or...

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