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STATE, EX REL., v. BENNETT

No. 48,212

219 Kan. 285 (1976)

547 P.2d 786

STATE OF KANSAS, ex rel. CURT T. SCHNEIDER, Attorney General, Appellant, v. ROBERT F. BENNETT, Governor of the State of Kansas, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

John R. Martin, first assistant attorney general, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellant.

Charles N. Henson, of Eidson, Lewis, Porter and Haynes, of Topeka, argued the cause, and was on the brief for the appellees.

Robert A. Coldsnow, Kansas Legislative Counsel, was on the brief amicus curiae, for the Kansas Senate, Kansas House of Representatives, and Kansas Legislative Coordinating Council.

The opinion of the court was delivered by

PRAGER, J.:

This is an action in quo warranto brought by the state of Kansas on the relation of the attorney general as plaintiff seeking to oust members of the state finance council from the exercise of various powers and responsibilities placed in them by statute. Judgment was entered by the district court in favor of the defendants-appellees denying the relief sought by the plaintiff. Because of a change in the...

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