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WALTHER v. McDONALD

No. 5-4379.

422 S.W.2d 854 (1968)

243 Ark. 912

Glenn F. WALTHER, Appellant, v. David C. McDONALD, Jr., Appellee.

Supreme Court of Arkansas.

January 22, 1968.

Attorney(s) appearing for the Case

Leon B. Catlett and Glenn F. Walther, Little Rock, for appellant.

Abner McGehee, Little Rock, and Richard S. Arnold, Texarkana, for appellee.

WARD, Justice.

The issue presented here for decision is whether Glenn F. Walther (appellant) is legally a member of the Arkansas Public Service Commission. Set out below are some of the undisputed background facts which explain how the issue reaches this Court.

The Legislature convened in regular session on Monday, January 9, 1967. On that day Dan D. Stephens was a duly appointed, qualified and acting member of the said Commission. On January 14...

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