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STATE BOARD OF ED. v. STATE BOARD OF HIGHER ED.

No. 13003.

505 P.2d 1193 (1973)

29 Utah 2d 110

STATE BOARD OF EDUCATION, Plaintiff and Respondent, v. STATE BOARD OF HIGHER EDUCATION, Defendant and Appellant, University of Utah, a corporate body politic, and Utah State University Of Agriculture And Applied Science, Plaintiffs in Intervention and Respondents.

Supreme Court of Utah.

January 31, 1973.

Attorney(s) appearing for the Case

Dennis McCarthy, of VanCott, Bagley, Cornwall & McCarthy, John H. Snow, of Worsley, Snow & Christensen, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Verl R. Topham, G. Blaine Davis, Bruce M. Hale, Asst. Attys. Gen., Salt Lake City, for plaintiff-respondent.

Edward W. Clyde, of Clyde, Mecham & Pratt, and Henry S. Nygaard, Salt Lake City, for the University of Utah.

Mark Madsen, Salt Lake City, for Utah State University Of Agriculture And Applied Science.

TUCKETT, Justice:

These proceedings were initiated on September 3, 1971, by the State Board of Education, the plaintiff herein, seeking a declaration of the district court that the Higher Education Act of 1969 is unconstitutional and void. A judgment was entered in the district court on July 17, 1972, which granted the declaratory relief sought by the plaintiff, and on July 26, 1972, a supplemental judgment was entered by...

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