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HANSEN v. BARLOW

No. 11230.

456 P.2d 177 (1969)

23 Utah 2d 47

Phil L. HANSEN, Attorney General of the State of Utah, Plaintiff and Appellant, v. Haven J. BARLOW et al., individually and as members of the 37th Utah State Legislature comprising the Utah Legislative Council, Defendants and Respondents.

Supreme Court of Utah.

June 20, 1969.

Attorney(s) appearing for the Case

Bryce E. Roe and Ollie McCulloch, Special Asst. Attys. Gen., Salt Lake City, for plaintiff and appellant.

Rex J. Hanson and Merlin R. Lybbert, of Hanson & Baldwin, Salt Lake City, for defendants and respondents.

CALLISTER, Justice:

The former State Attorney General, Phil L. Hansen, in his official capacity, initiated a declaratory judgment action to determine the constitutionality of the 1967 amendments to Sections 36-4-12 and 36-4-7, U.C.A. 1953, insofar as they provided for payment of a per diem and expenses to the members of the Legislative Council and authorized the Council to employ a staff and fix their salaries. The court below granted a motion to dismiss the action...

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