NEIMAN v. COMMON SCHOOL DISTRICT

No. 38,196

171 Kan. 237 (1951)

232 P.2d 422

ELINOR NEIMAN, MRS. JESSIE BISHOP, ALICE NEIMAN and HELEN NEIMAN, Appellees, v. COMMON SCHOOL DISTRICT No. 95, BUTLER COUNTY, STATE OF KANSAS, and FRED HILL, T.T. ZIMMERMAN and C.W. STARK, as Members of the School Board of Common School District No. 95, Butler County, State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1951.


Attorney(s) appearing for the Case

J.B. McKay, of El Dorado, argued the cause, and James B. McKay, Jr., of El Dorado, was with him on the briefs for the appellants.

L.J. Bond, of El Dorado, and Byron Brainerd, of Wichita, argued the cause, and R.M. Bond, of El Dorado, and Claude I. Depew, W.E. Stanley, Lawrence Weigand, William C. Hook, Lawrence E. Curfman, and William C. Kandt, all of Wichita, were with them on the briefs for the appellees.


The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to enjoin the defendants from permitting the use of or making available to any organization or group of persons the athletic field of the school district which is not directly or entirely connected with the athletic program of the grade and high school maintained by the defendant school district, or the use thereof in any manner that will deny plaintiffs the reasonable enjoyment and...

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