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STATE, EX REL., v. FADELY

No. 40,507

180 Kan. 652 (1957)

308 P.2d 537

STATE OF KANSAS, ex rel., John Anderson, Jr., Attorney General, Plaintiff, v. RICHARD T. FADELY, State Treasurer of the State of Kansas, and ROY SHAPIRO, Controller of the State Department of Administration of the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed March 5, 1957.

Attorney(s) appearing for the Case

John Anderson, Jr., Attorney General, of Topeka, argued the cause, and Paul E. Wilson, Robert E. Hoffman and Charles C. McCarter, Assistant Attorneys General, all of Topeka, were with him on the briefs for plaintiff.

Ward D. Martin, of Topeka, argued the cause, and A. Harry Crane, Arthur L. Claussen, Harvey D. Ashworth and C.H. Hobart, all of Topeka, were with him on the briefs for defendants.

The opinion of the court was delivered by

FATZER, J.:

This is an original proceeding in mandamus brought by the attorney general to determine the constitutionality of acts of the legislature establishing a state emergency fund, making appropriations thereto, and creating a state finance council. The prayer of the amended petition is that the state treasurer and the controller be commanded to transfer all moneys in the state emergency

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