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STATE, EX REL., v. STATE OFFICE BUILDING COMMISSION

No. 41,499

185 Kan. 563 (1959)

345 P.2d 674

STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., Attorney General, Plaintiff, v. THE STATE OFFICE BUILDING COMMISSION OF THE STATE OF KANSAS, and JOHN W. CASEBEER, JOHN O. ADAMS, CARL S. McCLUNG, ALVIN BAUMAN, F.O. DOTY, AMBROSE DEMPSEY and WADE M. FERGUSON, as Members of the State Office Building Commission of the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Attorney(s) appearing for the Case

John Anderson, Jr., Attorney General, argued the cause and A.K. Stavely, Assistant Attorney General, and Robert E. Hoffman, Assistant Attorney General, were with him on the briefs for the Plaintiff.

Clayton E. Kline and Warren W. Shaw, both of Topeka, argued the cause and were on the briefs for the Defendants.

The opinion of the court was delivered by

JACKSON, J.:

This is an original action of quo warranto in which the attorney general appears on behalf of the state to test the validity of one section of the statute, as amended, creating the defendant State Office Building Commission. The plaintiff challenges only the section providing for the appointment of the defendant commission as it was amended in 1953, and now appears...

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