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STATE, EX REL., v. BOARD OF COUNTY COMM'RS

No. 38,728

173 Kan. 367 (1952)

245 P.2d 1181

THE STATE OF KANSAS, on the relation of KENNETH v. MOSES, County Attorney of Marshall County, Kansas, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY, KANSAS: Harry Warren, Chairman of said Board; Ted Dolen, member of said Board; C.R. Conger, member of said Board; and ELMA MARQUARDT, Defendants, and THE MARSHALL COUNTY SOIL CONSERVATION DISTRICT: Fred Prell, Chairman of the Board of Supervisors of said District; C.G. Gaston, George L. Blaser, O.W. Jones and George Ungerer, members of the Board of Supervisors of said District; Fred Heiserman, Joe Rundus, Jr., and Hubert T. Vandorn, Assistant Supervisors of said District, Intervenors.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

Kenneth V. Moses, of Marysville, argued the cause and was on the briefs for the plaintiff.

Rowland Edwards, of Waterville, argued the cause and was on the briefs for the defendants.

The opinion of the court was delivered by

PRICE, J.:

This is an original action in the nature of quo warranto brought in the name of the state on the relation of the county attorney of Marshall county seeking to oust the defendant board of county commissioners of Marshall county from fulfilling its oral agreement to employ defendant Marquardt as an assistant in the office of the intervening Marshall county soil conservation...

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