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CITY OF HORTON v. ROBB

No. 38,873

173 Kan. 398 (1952)

246 P.2d 253

THE CITY OF HORTON, KANSAS, a municipal corporation, Plaintiff, v. GEORGE ROBB, Auditor of State of the State of Kansas, Defendant.

Supreme Court of Kansas.

Opinion filed July 9, 1952.

Attorney(s) appearing for the Case

Clarence J. Moore, of Horton, argued the cause, and Robert B. Fizzell, of Kansas City, Missouri, and Robert L. Webb, of Topeka, were with him on the briefs for the plaintiff.

William P. Timmerman, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the defendant.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding in mandamus in which the City of Horton seeks to compel the auditor of the state of Kansas to register certain revenue bonds issued by the city under the authority of Laws 1947, chapter 107, now appearing as G.S. 1949, chapter 10, article 12, as amended by Laws 1951, chapter 129, now appearing as G.S. 1951 Supp. 10-1201, which bonds had been tendered to the auditor for registration...

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