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STATE v. CITY OF LARAMIE

No. 3633.

437 P.2d 295 (1968)

The STATE of Wyoming on the relation of FIRE FIGHTERS LOCAL NUMBER 946, I.A.F.F., and Thomas E. Hood, Plaintiffs, v. The CITY OF LARAMIE, Wyoming, a municipal corporation, Russell C. Keck, Mayor, and Leo F. Malody, Charles R. Fortman, William T. Ward, and Larry Deaver, City Councilmen of the City of Laramie, Defendants.

Supreme Court of Wyoming.

February 15, 1968.

Attorney(s) appearing for the Case

Alfred M. Pence, Laramie, for plaintiffs.

Thomas S. Smith, Laramie, for defendants.

Jack D. Emery, City Atty., Casper, and A. Joseph Williams, City Atty., Cheyenne, amici curiae.

Before HARNSBERGER, C.J., and GRAY, McINTYRE and PARKER, JJ.

Justice McINTYRE delivered the following opinion in which Justice GRAY concurs.

Fire Fighters Local No. 946, I.A.F.F., and its president, Thomas E. Hood, brought a mandamus action in the district court of Albany County to compel the City of Laramie to comply with Ch. 197, S.L. of Wyoming 1965 (Tit. 27, Ch. 14, W.S. 1957, 1965 Cum.Supp.). The city defended on the ground that the statute sought to be enforced is unconstitutional and void.

Without resolving the...

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