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BAKER v. MATHESON

No. 16703.

607 P.2d 233 (1979)

Linn C. BAKER, Treasurer of the State of Utah, Plaintiff and Respondent, v. Scott M. MATHESON, Governor of the State of Utah; Dale D. Williams, Director of the Department of Finance of the State of Utah; Richard G. Jensen, Auditor of the State of Utah; Robert B. Hansen, Attorney General of the State of Utah; State Tax Commission of the State of Utah, Defendants and Appellants, and Miles "Cap" Ferry, President of the Utah State Senate and Chairman of the Legislative Management Committee, and James V. Hansen, Speaker of the House of Representatives and Vice Chairman of the Legislative Management Committee, Defendants in Intervention.

Supreme Court of Utah.

December 28, 1979.

Attorney(s) appearing for the Case

Michael L. Deamer, Deputy Atty. Gen., H. Wright Volker, Asst. Atty. Gen., for defendants and appellants.

George M. Mecham, Salt Lake City, Asst. Legislative Counsel, for defendants in intervention.

James L. Barker, Jr., Craig L. Barlow, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

The issue raised on this appeal is the constitutionality of § 59-26-1 (the "Act")1 which provides for a refund to certain renters and homeowners residing in the State of Utah of funds from the State's general fund. The State Treasurer, Linn C. Baker ("plaintiff"), brought the action to test the constitutionality of the Act. The named defendants are the Governor of the State of Utah, Scott M. Matheson, and the Commissioners...

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