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DRISCOLL v. HERSHBERGER

No. 38,499

172 Kan. 145 (1951)

238 P.2d 493

JERRY E. DRISCOLL, Plaintiff, v. A.W. HERSHBERGER and LESTER McCOY, WALTER S. FEES, MRS. ELIZABETH HAUGHEY, WILLIS N. KELLY, DREW McLAUGHLIN, GROVER POOLE, L.B. SPAKE and OSCAR S. STAUFFER, individually and as members of the Board of Regents, and the Board of Regents of the State of Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Harry K. Allen and Barton E. Griffith, both of Topeka, argued the cause, and Richard M. Driscoll and Jerry E. Driscoll, both of Russell, were with them on the briefs for the plaintiff.

Harold R. Fatzer, attorney general, and J.B. Patterson, of Wichita, argued the cause, and L.P. Brooks, assistant attorney general, was with them on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original action in quo warranto in which plaintiff Driscoll seeks a determination of the right of defendant Hershberger to hold office as a member of the board of regents, to have Hershberger ousted from the office and to have plaintiff Driscoll declared entitled to and recognized as a member of the board.

In his petition plaintiff alleges that the defendants other than Hershberger constitute...

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