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STATE EX REL. McLEOD v. YONCE

21101

274 S.C. 81 (1979)

261 S.E.2d 303

STATE of South Carolina, ex re. Daniel R. McLEOD, Attorney General of the State of South Carolina, Plaintiff, v. Henry G. YONCE, as Chairman and member of the Public Service Commission, Rudolph Mitchell, as Vice-Chairman and member of the Public Service Commission, F. Julian Leamond, Guy Butler, Fred A. Fuller, Jr., J. Lewis Moss and T. Basil Barrineau, as members of the Public Service Commission, and David W. Harwell and James M. Morris, as Judges of the Circuit Court and as representatives of all other circuit court judges in South Carolina, Defendants.

Supreme Court of South Carolina.

December 31, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Senior Asst. Atty. Gen. Karen LeCraft Henderson, Columbia, for plaintiff.

Robert T. Bockman and Arthur G. Fusco, Columbia, for defendants.

James P. Fields, Jr., and M. Elizabeth Crum, Columbia, on behalf of Senate and House Judiciary Committees of the South Carolina General Assembly, amicus curiae.

December 31, 1979.

Per Curiam:

This action, in the original jurisdiction of the court, was brought by the Attorney General on behalf of the State under the Uniform Declaratory Judgment Act, § 15-53-10, et seq., Code of Laws of South Carolina (1976) as amended to determine the constitutionality of Section 2 of Act 167 of the 1979 Acts of the South Carolina General Assembly. That section provides for the appointment, by the Chief Justice...

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