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CITY OF HELENA v. OMHOLT

No. 11732.

468 P.2d 764 (1970)

CITY OF HELENA, Montana, a municipal corporation, and Ed Porter, a police officer, thereof, Plaintiffs and Respondents, v. E.V. Sonny OMHOLT, State Auditor, Ex Officio Commissioner of Insurance and Ex Officio Investment Commissioner of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided May 1, 1970.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Michael Greely, Spec. Asst. Atty. Gen., Great Falls, for appellant.

C.W. Leaphart, Jr., City Atty., R. Keith Keller, argued, Helena, for respondents.

William Conklin, argued, Great Falls, Fred C. Root, City Atty., Missoula, C.J. Harrington, City Atty., Butte, amicus curiae.

HASWELL, Justice.

This action by the city of Helena and one of its police officers seeks a declaratory judgment against the state auditor prohibiting him from distributing monies appropriated by the 1967 state legislature in aid of city police reserve funds established under the Metropolitan Police Law. The district court of Lewis and Clark county entered judgment prohibiting distribution of any portion of the appropriated...

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