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STATE EX REL. STEPHAN v. CARLIN

No. 53,276

229 Kan. 665 (1981)

630 P.2d 709

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Petitioner, v. JOHN CARLIN, Governor of the State of Kansas, and JACK H. BRIER, Secretary of State of the State of Kansas, Respondents.

Supreme Court of Kansas.

Opinion filed June 23, 1981.

Attorney(s) appearing for the Case

W. Robert Alderson, first deputy attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the petitioner.

John R. Martin, of Topeka, argued the cause, and Arthur H. Griggs, chief attorney for the department of administration, was with him on the brief for respondent Governor Carlin.

Sherman A. Parks, Jr., of Topeka, argued the cause for respondent Secretary of State Brier.

The opinion of the court was delivered by

MILLER, J.:

This is an original action in quo warranto and mandamus, brought by the Attorney General against the Governor and the Secretary of State. The Attorney General contends that the Governor's line item veto of a portion of Section 77 of 1981 Senate Bill No. 470, the omnibus appropriations bill enacted by the 1981 Kansas Legislature at the close of its recent session, was unlawful and exceeded the Governor's...

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