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STATE v. MILLER

No. 38,848

173 Kan. 516 (1952)

249 P.2d 659

STATE OF KANSAS, ex rel., Champ Graham, County Attorney of Lyon County, Appellee, v. HAZEL MILLER, County Superintendent of Public Instruction, Lyon County, Appellee, JUNE HAMILTON, County Superintendent of Public Instruction, Greenwood County, and ADEL F. THROCKMORTON, State Superintendent of Public Instruction, Appellants, and RURAL HIGH SCHOOL DISTRICT No. 8, Lyon County, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Alex Hotchkiss, of Lyndon, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, and David W. Kester, county attorney of Greenwood county, were with him on the briefs for the appellants.

Samuel Mellinger, of Emporia, argued the cause, and Champ Graham, county attorney of Lyon county, and Clarence V. Beck and C. Lacy Haynes, Jr., both of Emporia, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WEDELL, J.:

This action was instituted by the state of Kansas on the relation of the county attorney of Lyon county to enjoin the state superintendent of public instruction and the county superintendents of Lyon and Greenwood counties from taking any action designed to effectuate a detachment of common school district No. 88 located within rural high school district No. 8 in Lyon county and to make it a part of common...

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