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STATE v. STATE BOARD OF EXAMINERS

No. 9786.

309 P.2d 336 (1957)

STATE of Montana, ex rel. John D. MORGAN, Relator, v. The STATE BOARD OF EXAMINERS, et al., and A & B Construction Co., and Morrison-Maierle, Inc., Respondents.

Supreme Court of Montana.

Decided February 25, 1957.

As Amended April 3, 1957.

Attorney(s) appearing for the Case

Floyd O. Small, Helena, argued orally for relator.

Forrest H. Anderson, Atty. Gen., Mr. William F. Crowley, Asst. Atty. Gen., and Lloyd J. Skedd, Helena, argued orally), for respondents.

Skedd, Harris & Mufich, Helena, for A & B Construction Co.

Toomey & Hughes, Helena, for Morrison-Maierle, Inc.

ANGSTMAN, Justice.

Plaintiff, a resident and taxpayer of Lewis and Clark County, brought this action originally in this court. He alleges, in the first cause of action in substance, that even though this court in Bryant v. Board of Examiners, Mont., 305 Pac. (2d) 340, declared chapter 278, Laws of 1955, "invalid," yet defendant Board did on February 2, 1957, pass a resolution to issue bonds under the authority of chapter 278 in the sum of $25,000 to pay for the construction...

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