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STATE v. CASS COUNTY

Civ. 8347.

158 N.W.2d 687 (1968)

STATE of North Dakota ex rel. Herschel LASHKOWITZ, John A. Oakey, and John W. Markey, Petitioners and Plaintiffs and Respondents, v. CASS COUNTY, a Municipal Corporation; P. M. Paulsen, Cass County Judge, Rhoda Lee, Cass County Auditor, and C. A. Baumgartner, Cass County Treasurer, Constituting the County Redistricting Board of Cass County, North Dakota; Rhoda Lee, County Auditor; and H. L. Bohnet, Kenneth A. McKinnon, Ingolf Sandbeck, Lewis Sutton, and Ray Kasowski, Individually and as Commissioners of Cass County, North Dakota, Respondents and Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied May 28, 1968.

Attorney(s) appearing for the Case

Eugene A. Kruger, State's Atty., Fargo, for appellants.

Conmy, Conmy & Feste, Fargo, for respondents.

STRUTZ, Judge (on reassignment).

This appeal from the judgment of the district court of Cass County involves the validity of Chapter 11-07, North Dakota Century Code, which provides for redistricting of counties of the State. The trial court held that the entire statute was invalid.

Chapter 11-07 provides:

"11-07-01. County redistricting board — Membership — Powers. — The county judge, the auditor, and the treasurer of each county...

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