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STATE, EX REL., v. SHANAHAN

No. 48,372

220 Kan. 589 (1976)

552 P.2d 964

STATE OF KANSAS, ex rel., CURT T. SCHNEIDER, Attorney General, Plaintiff, v. ELWILL M. SHANAHAN, Secretary of State, Defendant.

Supreme Court of Kansas.

Opinion filed July 23, 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 plaintiff.

Sherman A. Parks, special assistant attorney general, for Office of the Secretary of State, argued the cause, and was on the brief for the defendant.

The opinion of the court was delivered by

PRAGER,, J.:

This is an action in mandamus brought in this court under its original jurisdiction prescribed by Article 3, Section 3, of the Kansas Constitution. The attorney general, as relator on behalf of the state of Kansas, seeks a writ of mandamus to compel the defendant secretary of state to publish House Bill 3051 as passed by the 1976 legislature. The basic issue to be determined may be simply stated: If the...

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