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OPINION OF THE JUSTICES

No. 87-314.

129 N.H. 714 (1987)

OPINION OF THE JUSTICES

Supreme Court of New Hampshire.

October 8, 1987

Attorney(s) appearing for the Case

Richard F. Upton, of Concord, filed a memorandum on behalf of certain former governors in support of affirmative answers.

Bamberger & Pfundstein, of Concord (Doanld J. Pfundstein), and James A. Sweeney, of Concord, filed a memorandum on behalf of William S. Bartlett, Jr., President of the Senate, and W. Douglas Scamman, Jr., Speaker of the House of Representatives, in support of the court's declining to answer the questions or, alternatively, of negative answers.

Stephen E. Merrill, attorney general (Bruce E. Mohl, deputy attorney general, and Jeffrey R. Howard, associate attorney general), filed a memorandum in support of affirmative answers.

The following resolution was adopted by the Governor and Council on August 7, 1987, and filed with the supreme court on August 14, 1987:

"WHEREAS, in Chapter 400, Laws of 1987, the operating budget for fiscal years ending June 30, 1988 and June 30, 1989, the Legislature has included budget footnotes applicable to specific appropriation line items, and

"WHEREAS, certain of the budget footnotes purport to require prior approval of the legislative fiscal committee...

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