TAUB v. COM. OF KY.

No. 87-5245.

842 F.2d 912 (1988)

Gordon TAUB, Plaintiff-Appellant, v. COMMONWEALTH OF KENTUCKY, and Martha Layne Collins, in her official capacity as Governor of the Commonwealth of Kentucky, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Kent Masterson Brown (argued), Greenebaum, Young, Treitz, Maggiola and Brown, Lexington, Ky., for plaintiff-appellant.

C. Kilmer Combs (argued), Wyatt, Tarrant and Combs, Lexington, Ky., for defendants-appellees.

Before LIVELY, Chief Judge, and JONES and GUY, Circuit Judges.


LIVELY, Chief Judge.

The question in this case is whether a state taxpayer has standing to bring a suit in federal court to enjoin a state, its governor, and other executive officers from expending state tax revenues for allegedly unconstitutional purposes. After considering cross-motions with supporting documents, and briefs and oral arguments of counsel, the district court entered judgment dismissing the taxpayer's action without prejudice. Since we agree that the...

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