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STATE, EX REL., v. RURAL HIGH SCHOOL DISTRICT NO. 3

No. 38,099

169 Kan. 671 (1950)

220 P.2d 164

THE STATE OF KANSAS, on the Relation of FRANK G. SPURNEY as County Attorney of Republic County, Kansas, Appellee and Cross-Appellant, v. RURAL HIGH SCHOOL DISTRICT No. 3, REPUBLIC COUNTY, KANSAS; CHARLES W. STAFFORD, Director; E.C. STENSON, Clerk of said District, Appellees and Cross-Appellants, COMMON SCHOOL DISTRICT No. 63, REPUBLIC COUNTY, KANSAS; HAROLD R. SANKEY, Director; VERL F. BECK, Clerk; and E.A. SOMERHOLDER, Treasurer of said District; and C.E. McCLURE, Treasurer of RURAL HIGH SCHOOL DISTRICT No. 3 of REPUBLIC COUNTY, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

John S. Dean, Jr., of Topeka, argued the cause, and Melvin R. Quinlan, of Topeka, and Ed. Chapman, of Belleville, were with him on the briefs for appellants and cross-appellees.

N.J. Ward, of Belleville, argued the cause, and Frank G. Spurney, of Belleville, was with him on the briefs for appellees and cross-appellants.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from a judgment in a proceeding in quo warranto brought in the district court of Republic county on the relation of the county attorney against Rural High School District No. 3; Common School District No. 63, and the individual members of the boards of both districts, to oust the school districts and their boards from proceeding to unite in the erection of a school building for the joint...

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