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RUSH v. RAY

No. 67574.

332 N.W.2d 325 (1983)

Robert R. RUSH, State Senator and Member of the 68th General Assembly of Iowa, Appellant, v. Robert D. RAY, Governor, State of Iowa, Appellee.

Supreme Court of Iowa.

April 20, 1983.

Attorney(s) appearing for the Case

James M. Redmond, Des Moines, for appellant.

Edgar H. Bittle and Edward W. Remsburg of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, for appellee.

Considered by UHLENHOPP, P.J., HARRIS, McGIVERIN, and CARTER, JJ., and LeGRAND, Senior Judge.

HARRIS, Justice.

This declaratory judgment action was brought by a state senator seeking a declaration that the governor had acted illegally by exercising the gubernatorial item veto power (Art. III, § 16, Iowa Constitution, amend. 27 (1968)) to veto portions of five appropriations bills. The vetoed portion of each bill prohibited the transfer of the appropriated funds between departments of state government. The transfers would otherwise be authorized by Iowa...

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