MD. ACT. FOR FOSTER CHILD. v. STATE

[No. 5, September Term, 1976.]

279 Md. 133 (1977)

367 A.2d 491

MARYLAND ACTION FOR FOSTER CHILDREN, INC. ET AL. v. STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed February 4, 1977.

Denied February 18, 1977.


Attorney(s) appearing for the Case

Richard S. Kahn for appellants.

Amicus curiae brief filed on behalf of the President of the Senate of Maryland and the Speaker of the House of Delegates of Maryland, acting jointly on behalf of the Policy Committee of the General Assembly of Maryland, H. Vernon Eney and Judith A. Armold on the brief.

Carl E. Eastwick, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Henry R. Lord, Deputy Attorney General, George A. Nilson and Joel J. Rabin, Assistant Attorneys General, on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and RICHARD P. GILBERT, Chief Judge of the Court of Special Appeals, specially assigned.


ELDRIDGE, J., delivered the opinion of the Court. MURPHY, C.J., and SMITH and DIGGES, JJ., dissent and MURPHY, C.J., filed a dissenting opinion in which SMITH and DIGGES, JJ., concur at page 153 infra. SMITH, J., filed a dissenting opinion in which MURPHY, C.J., and DIGGES, J., concur at page 163 infra.

This case presents questions involving the budget and appropriation provisions of the Maryland Constitution.

The particular dispute here concerns...

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