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ONEIDA COUNTY FAIR BOARD v. SMYLIE

No. 9336.

386 P.2d 374 (1963)

ONEIDA COUNTY FAIR BOARD, Cassia County Fair Board, Jerome County Fair Board, and Joe Hansen, an individual, Petitioners, v. Robert E. SMYLIE, Governor of the State of Idaho, Respondent.

Supreme Court of Idaho.

Rehearings Denied November 15, 1963.

Attorney(s) appearing for the Case

Elam, Burke, Jeppesen & Evans, Boise, for Oneida, Cassia and Jerome County Fair Boards.

Clemons, Skiles & Green, Boise, for Joe Hansen.

Allan G. Shepard, Atty. Gen., Michael Southcombe, Asst. Atty. Gen., Boise, for respondent.

Z. Reed Millar and Frank E. Chalfant, Sr., Boise, amici curiæ.

McFADDEN and SMITH, Justices.

The county fair boards of Oneida, Cassia and Jerome counties, and Joe Hansen, a quarter horse breeder, petitioned for a writ of mandate to compel respondent Governor to appoint members of the Idaho Horse Racing Committee, as required by Idaho Sess.Laws 1963, c. 64, designated therein as the "Idaho Horse Racing Act," and hereinafter sometimes referred to as the Act. An alternative writ of mandate was issued.

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