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HUBER v. MILLER

Nos. 7828, 7829.

101 N.W.2d 136 (1960)

Lloyd HUBER, John Weber, Albert Huber, Paul Orso, Reinhold Bauer, Albert Bauer, Oswald Goetz, Ben Gerving, Otto Lennick, Paul Breimeier, George Doll, George Hoffman, and Gordon Gappert, Plaintiffs and Respondents, v. Lloyd MILLER, William Van Oosting, and Norman Jacobson, as County Commissioners of the County of Oliver; Emil Reiner, as County Auditor for the County of Oliver; Arthur H. Isaak, as Treasurer for the County of Oliver; and Oliver County, a Public Corporation, Defendants and Appellants. OLIVER COUNTY, a Public Corporation, With its County Seat at Center, North Dakota, Plaintiff and Respondent, v. William VAN OOSTING, Norman Jacobson, and Lloyd Miller, as Commissioners of Oliver County, and Individually, Defendants and Appellants.

Supreme Court of North Dakota.

January 22, 1960.

Attorney(s) appearing for the Case

Burton S. Wilcox, State's Atty., Center, and Floyd B. Sperry, Bismarck, for defendants and appellants.

Lord, Ulmer, Bair & Daner, Mandan, for plaintiffs and respondents.

STRUTZ, Judge (On reassignment).

The first-entitled action, hereinafter referred to as the "injunction action," is an action for an injunction brought by the plaintiffs as resident taxpayers of Oliver County against the defendants as county commissioners of Oliver County, against the county auditor and the county treasurer, and against Oliver County, a public corporation, to restrain the county commissioners from disbursing funds derived from a levy made by the county...

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