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STATE, EX REL., v. THROCKMORTON

No. 37,955

169 Kan. 481 (1950)

219 P.2d 413

THE STATE OF KANSAS, ex rel., Samuel Mellinger, County Attorney of Lyon County, Kansas, Appellee, v. ADEL F. THROCKMORTON, State Superintendent of Public Instruction; EDITH SPELLMAN, County Superintendent of Public Instruction of Lyon County; and GLADIOLA BOWMAN, County Superintendent of Public Instruction of Coffey County; and JOINT SCHOOL DISTRICT No. 1 OF LYON AND COFFEY COUNTIES, Appellants.

Supreme Court of Kansas.

Opinion filed June 10, 1950.

Attorney(s) appearing for the Case

Alex Hotchkiss, of Lyndon, argued the cause, and was on the briefs for appellants Edith Spellman, County Superintendent of Public Instruction of Lyon County, and Joint District No. 1, Counties of Lyon and Coffey.

Frank T. Forbes, of Burlington, argued the cause, and was on the briefs for appellant Gladiola Bowman, County Superintendent of Public Instruction of Coffey County.

Clarence Malone, of Topeka, and John E. Wheeler, of Marion, argued the cause, and Samuel Mellinger, county attorney of Lyon county, was with them on the briefs for the appellee.

Harold R. Fatzer, attorney general, and C. Harold Hughes, assistant attorney general, were on the briefs of the attorney general as amicus curiae.

The opinion of the court was delivered by

WERTZ, J.:

This is an action for injunction brought in the name of the state to restrain the enforcement of an order of the county superintendents of public instruction of Lyon and Coffey counties altering the boundaries of Joint School District No. 1 of Lyon and Coffey counties.

The action is brought against the state superintendent of public instruction, the county superintendents of Lyon and Coffey counties...

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