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MUNICIPAL SERVICES CORP. v. KUSLER

Civ. No. 920244.

490 N.W.2d 700 (1992)

MUNICIPAL SERVICES CORPORATION and Gloria David, Petitioners, v. Jim KUSLER, as Secretary of State, State of North Dakota, Respondent.

Supreme Court of North Dakota.

September 17, 1992.

Attorney(s) appearing for the Case

Raymond T. Reott (argued), Gretchen M. Livingston (appearance) of Jenner & Block, Chicago, Ill., David J. Hogue (appearance) of Pringle & Herigstad, Minot, and Thomas F. Kelsch (appearance) of Kelsch, Kelsch, Ruff & Austin, Mandan, for petitioners.

Elaine Ayers (argued) and Laurie J. Loveland (appearance) Atty. General's Office, Bismarck, for respondent.

LEVINE, Justice.

Municipal Services Corporation (MSC), an owner and operator of a solid waste disposal facility in North Dakota, and Gloria David, a North Dakota citizen and taxpayer, applied to this court for an order directing Jim Kusler, the Secretary of State (Secretary), to demonstrate why he should not be enjoined from certifying on the November 3, 1992, election ballot an initiated measure that establishes an "Environmental Protection and Recycling Fund" and...

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