STATE v. OMDAHL

No. 8279.

138 N.W.2d 439 (1965)

STATE of North Dakota ex rel. E. K. JENKINS, INCORPORATED, Petitioner, v. Lloyd OMDAHL, Tax Commissioner; and Walter Christensen, Treasurer of the State of North Dakota, Respondents.

Supreme Court of North Dakota.

November 23, 1965.


Attorney(s) appearing for the Case

Cox, Pearce, Engebretson, Murray & Anderson, Bismarck, for petitioner.

Helgi Johanneson, Atty. Gen., Paul M. Sand, Asst. Atty. Gen., and Kenneth M. Jackes, Sp. Asst. Atty. Gen., Bismarck, for respondent.


STRUTZ, Judge.

This is a proceeding in which the petitioner, a private relator and taxpayer of this State, makes application to this court for a prerogative writ of prohibition, bringing such proceeding in its own behalf and in behalf of all taxpayers similarly situated. Prior to bringing this proceeding, the petitioner had requested the Attorney General of the State to bring it, but such request was denied.

The petitioner alleges that the respondent Lloyd...

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