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APPLICATION OF STATE EX REL. DEPT. OF TRANSP.

No. 55257.

646 P.2d 605 (1982)

In re Application of STATE of Oklahoma ex rel. DEPARTMENT OF TRANSPORTATION, for a Determination of the Constitutionality of the Railroad Revitalization Act and Certain Programs of Assistance of Railroads Contemplated Thereunder.

Supreme Court of Oklahoma.

As Corrected March 16, 1982.

Rehearing Denied June 22, 1982.

Attorney(s) appearing for the Case

Floyd W. Taylor, Preston L. Pulliam, Oklahoma City, for Dept. of Transp., petitioner.

Jan Eric Cartwright, Atty. Gen., Manville T. Buford, John F. Percival, Asst. Attys. Gen., Oklahoma City, for Atty. Gen. of Okl., respondent.

David Hudson, Oklahoma City, amicus curiae, for State of Okl. ex rel. the Honorable George Nigh, Governor.

William A. Thie, Dallas, Tex., Charles Nesbitt, Oklahoma City, amici curiae, for Missouri, K. & T.R. Co.

OPALA, Justice:

The object of this proceeding is to test the constitutionality of the Oklahoma Railroad Revitalization Act [Act]. Two issues are presented for decision: [1] Do federal or private funds, when deposited in the state treasury in furtherance of programs under the Act, become ipso facto state funds? and [2] Is state involvement in the railroad rehabilitation programs under the Act constitutionally permissible...

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