No. 8739.

346 P.2d 596 (1959)

STATE of Idaho on relation of Roscoe C. RICH, Leonard K. Floan and David P. Jones, Idaho Board of Highway Directors, Plaintiff-Appellant, v. IDAHO POWER COMPANY, a corporation, and The Mountain States Telephone and Telegraph Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied November 30, 1959.

Attorney(s) appearing for the Case

Frank L. Benson, Atty. Gen., and William Padgett, Special Asst. Atty. Gen. (Graydon W. Smith, former Atty. Gen., and Allan G. Shepard, former Special Asst. Atty. Gen., on the brief), for appellant.

Parry, Robertson & Daly, Twin Falls, and A. C. Inman and James E. Bruce, Boise, for respondent Idaho Power Co.

Carey H. Nixon, Boise, Luis D. Rovira and Akolt, Turnquist, Shepherd & Dick, Denver, Colo., for respondent Mountain States Telephone and Telegraph Co.

Tom F. Alworth, Filer, Ray W. Rigby, Rexburg, and C. H. Higer, Emmett, amici curiae.

SMITH, Justice.

This is a declaratory judgment action brought by appellant (plaintiff) State of Idaho on relation of its Board of Highway Directors against respondents (defendants) Idaho Power Company and The Mountain States Telephone and Telegraph Company to determine the constitutionality of certain provisions of I.C. § 40-120 as amended by Idaho Sess.Laws 1957, ch. 227, providing that utilities shall be reimbursed out of the dedicated State Highway Fund for...


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