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BOARD OF REGENTS OF HIGHER EDUCATION v. JUDGE

No. 13069.

543 P.2d 1323 (1975)

BOARD OF REGENTS OF HIGHER EDUCATION of the State of Montana, Plaintiff, v. Thomas L. JUDGE, Governor of the State of Montana, Defendant, and Legislative Finance Committee of the Montana Legislative Assembly, Intervenors.

Supreme Court of Montana.

Decided December 12, 1975.

Attorney(s) appearing for the Case

Datsopoulos & MacDonald, Missoula, Milton Datsopoulos, argued, Missoula, for plaintiff.

Robert L. Woodahl, Atty. Gen., Helena, John P. Atkins and Lon J. Maxwell, argued, Asst. Atty. Gen., Helena, for defendant.

John W. Northey, argued, Helena, for intervenors.

Berg, Angel, Andriolo & Morgan, Bozeman, Gregory O. Morgan, argued, Bozeman, for intervenors amicus curiae.

CASTLES, Justice.

This is an original proceeding for a declaratory judgment brought by the Board of Regents of Higher Education of the State of Montana against the Governor of the State. The Board of Regents seeks definitive rulings on the constitutionality of two bills passed during the 1975 legislative session and signed into law by the Governor. House Bill 271 appropriates monies to the university system for the biennium. Senate Bill 401 provides for a legislative...

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