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STATE EX REL. CASHMORE v. ANDERSON

No. 12309.

500 P.2d 921 (1972)

The STATE of Montana ex rel. William F. CASHMORE, M.D., and Stanley C. Burger, Relator, v. Forrest H. ANDERSON, as Governor of the State of Montana, Respondent.

Supreme Court of Montana.

Decided August 18, 1972.

Rehearings Denied September 25, 1972.

Attorney(s) appearing for the Case

Paul T. Keller, argued, Paul F. Reynolds, Charles E. Petaja and P. Keith Keller, Helena, Morrow, Nash & Sedivy, Edmund P. Sedivy, argued, Bozeman, for relators.

Douglas Freeman, argued, Hardin, R.F. Hibbs, argued, Billings, for intervenor.

Forrest H. Anderson, Governor, Robert L. Woodahl, Atty. Gen., Helena, Charles C. Lovell, Asst. Atty. Gen., argued, Great Falls, William Jensen, Asst. Atty. Gen., argued, Helena, for respondent.

Eugene H. Mahoney, argued, Thompson Falls, Randall Swanberg, argued, Great Falls, James E. Murphy, argued, Kalispell, for intervenor.

John A. Layne III, argued, Helena, amicus curiae.

HASWELL, Justice.

This original proceeding seeks a judicial determination by this Court whether the proposed 1972 Montana Constitution was approved and adopted by the electors at the special election of June 6, 1972.

The essential facts are undisputed. The 1969 Montana Legislature provided for a referendum election on the calling of a constitutional convention. Article XIX, Section 8, Montana Constitution; Chapter 65, Session Laws 1969. This election was held...

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