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DODGE v. DEPARTMENT OF SOCIAL SERVICES

No. 79SC15.

600 P.2d 70 (1979)

Earl F. DODGE, John Lyons, Mary Rita Urbish, Dorothy J. Byrne, Doris E. Danahey, Paul Enockson, Norma J. Kelly, John A. Soelberg, Steven J. Wagner, Ronald D. Slater, Mary S. Meyers, Michael B. Sellers and Don MacManus, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. The DEPARTMENT OF SOCIAL SERVICES of the State of Colorado, the State Board of Social Services of the State of Colorado and Armando Atencio, Executive Director of the Department of Social Services of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

September 24, 1979.

Attorney(s) appearing for the Case

Albert T. Frantz, Lakewood, Charles J. Onofrio, Denver, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for defendants-appellees.

ROVIRA, Justice.

This is an action brought in the Denver District Court by the appellants to enjoin the allegedly unconstitutional expenditure of public funds. The complaint alleged that the appellants were taxpayers and citizens of the State of Colorado, that public funds were being used to finance nontherapeutic abortions and that such expenditures were in contravention of Article V, Sec. 33 (1978 Supp.),1 of the Colorado Constitution...

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