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WALTERS v. CEASE

No. 447.

388 P.2d 263 (1964)

Benjamin O. WALTERS and Frank Mullen, Petitioners, v. Ronald CEASE, Director, Local Affairs Agency, Hugh J. Wade, Secretary of State, and the State of Alaska, Respondents.

Supreme Court of Alaska.

January 15, 1964.

Attorney(s) appearing for the Case

Ted Stevens, Anchorage, for petitioners.

George N. Hayes, Atty. Gen., John K. Brubaker, Asst. Atty. Gen., Juneau, for respondents.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

AREND, Justice.

The petitioners commenced this action on September 4, 1963, in the superior court for a declaratory judgment that chapter 52, SLA 1963, known as the Mandatory Borough Act and hereinafter referred to as the act, is unconstitutional. At the same time they asked the court to enjoin the respondents from taking any action under the authority which might have been conferred upon them by the act. About one month later the petitioners moved for a preliminary...

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