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MELLAND v. JOHANNESON

No. 8473.

160 N.W.2d 107 (1968)

Robert B. MELLAND, Warren G. Allen, John Decker, J. R. Bernabucci, Jr., Donald A. Peterson, Roger T. Melroe, and Clinton Ottmar, each for themselves and all others similarly situated, Plaintiffs and Respondents, v. Helgi JOHANNESON, as Attorney General for the State of North Dakota, and his successors in office, and Ben Meier, as the Secretary of State of the State of North Dakota, and his successors in office, Defendants and Appellants.

Supreme Court of North Dakota.

July 3, 1968.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Paul M. Sand, First Asst. Atty. Gen., Bismarck, attorneys for appellants.

Rausch & Chapman, Bismarck, Degnan, McElroy, Lamb & Camrud, Grand Forks, Hjellum, Weiss, Nerison & Jukkala, Jamestown, and Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for respondents.

ERICKSTAD, Judge.

The plaintiffs, Robert B. Melland, Warren G. Allen, John Decker, J. R. Bernabucci, Jr., Donald A. Peterson, Roger T. Melroe, and Clinton Ottmar, for themselves and others similarly situated, brought this action for declaratory relief under N.D.C.C. ch. 32-23, and N.D.R.Civ.P. 57. They sought to have N.D.C.C. § 54-03-21 declared illegal as being in violation of the North Dakota and United States Constitutions...

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