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STATE, EX REL., v. CITY OF TOPEKA

No. 38,806

173 Kan. 387 (1952)

246 P.2d 250

THE STATE OF KANSAS, ex rel. DORAL HAWKS, County Attorney of Shawnee County, Kansas, Plaintiff, v. THE CITY OF TOPEKA, KANSAS, a municipal corporation; W. KENNETH WILKE, as Mayor of the City of Topeka, Kansas; HARRY SNYDER, as Commissioner of Parks of the City of Topeka, Kansas; C. MADISON WILLIAMS, as Commissioner of Streets of the City of Topeka, Kansas; LLOYD B. SMITH, as Commissioner of Water of the City of Topeka, Kansas; J. GLEN DAVIS, as Commissioner of Finance of the City of Topeka, Kansas; WASHBURN RURAL HIGH SCHOOL DISTRICT No. 3, SHAWNEE COUNTY, KANSAS; SCHOOL DISTRICT No. 97, SHAWNEE COUNTY, KANSAS; THE BOARD OF EDUCATION OF THE CITY OF TOPEKA, KANSAS, Defendants.

Supreme Court of Kansas.

Opinion filed July 3, 1952.

Attorney(s) appearing for the Case

David Prager, of Topeka, argued the cause, and Doral Hawks, county attorney, was on the briefs for the plaintiff.

Lloyd L. Hall, city attorney, argued the cause, and Harold E. Jones, Frederic J. Carman and Marvin E. Larson, assistant city attorneys, were with him on the briefs for defendant City of Topeka.

David Prager, of Topeka, was on the briefs for defendant Washburn Rural High School District No. 3.

Peter F. Caldwell, of Topeka, was on the briefs for defendant Board of Education of the City of Topeka.

The opinion of the court was delivered by

WERTZ, J.:

This is an original proceeding in quo warranto brought in the name of the state of Kansas on relation of the county attorney of Shawnee county against the City of Topeka, a municipal corporation, and the mayor and city commissioners of the city, Washburn Rural High School District No. 3 of Shawnee County, School District No. 97 of Shawnee County, and the Board of Education of the City of Topeka, Kansas,...

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