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BOARD OF EDUCATION OF SCHOOL DIST. NO. 1 v. ROBB

No. 37,858

168 Kan. 368 (1949)

212 P.2d 306

BOARD OF EDUCATION OF SCHOOL DISTRICT No. 1, CITY OF GREAT BEND, KANSAS, Plaintiff, v. GEORGE ROBB, Auditor of the State of Kansas, Defendant.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Herbert Diets, of Great Bend, argued the cause, and Boyce P. Hardman, of Great Bend, was with him on the briefs for the plaintiff.

William Paul Timmerman, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the defendant.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding in mandamus to compel the auditor of the state of Kansas to register bonds in the principal amount of $1,256,700, issued by the board of education of School District No. 1, city of Great Bend, under the authority of Laws of 1949, chapter 396. In his answer to the motion for the writ, the sole reason asserted by the auditor for his refusal to register the bonds is that the...

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