State of Idaho v. State Board of Examiners

567 F.2d 858 The STATE OF IDAHO on relation of Marjorie Ruth MOON, State Treasurer of the State of Idaho, Plaintiff-Appellant, v. STATE BOARD OF EXAMINERS, and the Legislature of the State of Idaho, by and through Allan F. Larsen, Speaker of the House, and James Ellsworth, President Pro-Tem of the Senate, Defendants-Appellees. No. 77-2157. United States Court of Appeals, Ninth Circuit. Jan. 6, 1978. EUGENE A. WRIGHT, Circuit Judge: 1 This action was one of several brought by the Treasurer of the State of Idaho against the State Board of Examiners and the State Legislature. See Moon v. Investment Board, 98 Idaho 200 , 560 P.2d 871 (1977); Moon v. Investment Board, 96 Idaho 140 , 525 P.2d 335 (1974). Appellant asserts two claims for relief: (1) for alleged losses to the Public School Endowment Fund, and (2) for recovery of interest derived from the Public School Endowment Fund used to pay the expenses of the Investment Board. 2 In a parallel action the Idaho Supreme Court held that the use of interest for the purpose of defraying expenses of the Investment Board was improper, invalidating the statutory authority for such use as unconstitutional. Moon v. Investment Board, 98 Idaho…