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STATE, EX REL. STROBERG v. DRAINAGE DIST. NO. 3

No. 37,413

168 Kan. 568 (1950)

215 P.2d 161

THE STATE OF KANSAS, ex rel., VERNON A. STROBERG, County Attorney of Harvey County, Plaintiff, v. DRAINAGE DISTRICT No. 3 of McPHERSON COUNTY, Defendant.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Kenneth G. Speir and J. Rodney Stone, both of Newton, argued the cause, and Vernon A. Stroberg, county attorney, was with them on the briefs for the plaintiff.

J.R. Rhoades, of McPherson, argued the cause, and George R. Lehmberg, of McPherson, and J.G. Somers and Arthur N. Turner, both of Newton, were with him on the briefs for the defendant.

The opinion of the court was delivered by

PARKER, J.:

This is an original action in the nature of quo warranto brought by the state of Kansas on the relation of the county attorney of Harvey county against Drainage District No. 3 of McPherson county for the purpose of challenging the legal existence of the drainage district as a public corporation and excluding it from the exercise of all corporate rights, powers and privileges.

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