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FORTY-SECOND LEGISLATIVE ASSEMBLY v. LENNON

No. 12008.

481 P.2d 330 (1971)

The FORTY-SECOND LEGISLATIVE ASSEMBLY of the State of Montana, and Frank Murray, Secretary of State of the State of Montana, Plaintiffs and Relators, v. Joseph L. LENNON, Clerk and Recorder of Cascade County, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided February 19, 1971.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Charles C. Lovell, Asst. Atty. Gen., argued, Great Falls, John Northey, Asst. Atty. Gen., argued, Helena, for plaintiffs and relators.

J. Fred Bourdeau, County Atty., argued, Great Falls, for defendant and respondent.

HASWELL, Justice.

This is an original proceeding in this Court by the present State Legislature and Secretary of State seeking a declaratory judgment determining certain of their legal rights concerning the calling, election of delegates, and implementation of a constitutional convention for the State of Montana.

The specific legal issues sought to be determined herein are:

1. May state and local officers serve as delegates to the constitutional convention...

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