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COBB v. STATE

No. 96-327.

924 P.2d 268 (1996)

John COBB, Plaintiff and Respondent/Cross-Appellant, v. STATE of Montana, Defendant and Appellant/Cross-Respondent.

Supreme Court of Montana.

Decided September 26, 1996.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Kimberly A. Kradolfer, Assistant Attorney General, Helena; Garth Jacobson, Office of the Secretary of State, Helena, for Appellant.

John Cobb, Augusta, for Respondent.

HUNT, Justice.

Appellant State of Montana (State) appeals the decision of the First Judicial District Court, Lewis and Clark County, enjoining the secretary of state from presenting to the electors an official ballot containing the legislative referendum known as Senate Bill 37, which sought to amend the Montana Constitution to eliminate the office of secretary of state. On July 18, 1996, this Court issued an order affirming the judgment of the District

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