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EBERLE v. NIELSON

No. 8541.

306 P.2d 1083 (1957)

W. D. EBERLE, State Representative from Ada County; Robert Doolittle, State Representative from Bonner County; Vernon Daniel, State Senator from Payette County; and R. M. Wetherell, State Senator from Elmore County; all of the 34th Session of the Legislature of the State of Idaho, suing on behalf of themselves and of other persons similarly situated and interested in the subject of this suit, Plaintiffs, v. N. P. NIELSON, State Auditor of the State of Idaho, Defendant.

Supreme Court of Idaho.

February 13, 1957.

Attorney(s) appearing for the Case

Raymond D. Givens, Willis C. Moffatt, Boise, George Donart, Weiser, for appellants.

Graydon W. Smith, Atty. Gen., Edward J. Aschenbrener, William C. Roden, Asst. Attys. Gen., for respondent.

TAYLOR, Justice.

The petitioners, W. D. Eberle, Representative from Ada County, Robert Doolittle, Representative from Bonner County, Vernon Daniel, Senator from Payette County, R. M. Wetherell, Senator from Elmore County, as such members of the current Thirty-fourth Session of the State Legislature, on behalf of themselves and others similarly situated, filed petition in this Court seeking a writ of mandate to compel issuance of warrants by the defendant, State Auditor...

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