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BOARD OF REGENTS OF OKLA. AGRICULTURAL COLLEGES v. UPDEGRAFF

No. 35160.

205 Okla. 301 (1951)

237 P.2d 131

BOARD OF REGENTS OF OKLA. AGRICULTURAL COLLEGES et al. v. UPDEGRAFF.

Supreme Court of Oklahoma.

Rehearing Denied November 6, 1951.

Attorney(s) appearing for the Case

Mac Q. Williamson, Atty. Gen., and Fred Hansen, First Asst. Atty. Gen., for plaintiffs in error.

Don Emery, Robert J. Emery, and Emery & Emery, Oklahoma City, for interveners plaintiffs in error.

Paul W. Updegraff, Norman, for defendant in error.

John G. Hervey, Ralph J. May, and Hervey & May, Oklahoma City, amicus curiae.

ARNOLD, C.J.

This action was begun in the district court on May 9, 1951, by a taxpaying citizen to enjoin the Board of Regents of the Agricultural Colleges, the State Treasurer, and the State Auditor from paying public funds to teachers in the Agricultural and Mechanical College at Stillwater who had not subscribed to and filed the loyalty oath prescribed by Enrolled House Bill No. 8, 23rd Legislature (Laws 1951; 51 O.S. 1941 (Supp.) §§ 37.1-37.8). A temporary...

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