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STATE v. CITY OF BUTTE

No. 11367.

441 P.2d 190 (1968)

STATE ex rel. Tom SANDERS, on Behalf of himself and all other Persons similarly situated, Relators and Respondents, v. CITY OF BUTTE, a Municipal Corporation, Respondent and Appellant, and Forrest H. Anderson, Attorney General of the State of Montana, Intervenor and appellant.

Supreme Court of Montana.

Decided April 30, 1968.

Rehearing Denied June 17, 1968.

Attorney(s) appearing for the Case

Forrest H. Anderson, Michael T. Greely, Asst. Atty. Gen. (argued), Helena, William Geagan, (argued), Butte, for respondent and appellant.

McCaffery & Peterson, John L. Peterson, (argued), Butte, for relators and respondents.

CASTLES, Justice.

This is an appeal from a judgment in favor of the relator granting a Writ of Prohibition against the City of Butte to prohibit the collection of the penalty provided by Chapter 226, Laws of Montana 1965. The penalty provision is for the "earmarked" driver education fund.

The relator was arrested by a police officer of the City of Butte for violation of a "stop-sign" ordinance. Under Section 10-7-4 of the 1959 Municipal Code of Ordinances...

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