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STATE, EX REL., v. MARTIN

No. 39,140

175 Kan. 160 (1953)

258 P.2d 1000

THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, as Attorney General of the State of Kansas, Plaintiff, v. OWEN MARTIN, GERALD L. WRIGHT, and CURTIS HOLT, as pretended members of Rural High-school Board of a pretended Rural High-school District, pretended to have been established in Bourbon County, Kansas, on March 4, 1953, Defendants.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Douglas Hudson, of Fort Scott, argued the cause, and Harold R. Fatzer, attorney general, Howard Hudson, and Douglas G. Hudson, both of Fort Scott, were with him on the briefs for the plaintiff.

R.L. Letton, of Pittsburg, argued the cause, and P.E. Nulton, of Pittsburg, was with him on the briefs for the defendants.

The opinion of the court was delivered by

WERTZ, J.:

This is an original action in quo warranto brought on relation of the attorney general against the defendant members of a rural high-school board to determine whether a proposition for the establishment of a rural high-school district, submitted to the voters of the proposed district carried by the required majority of those voting in each of the rural and urban areas, as contemplated by G.S. 1951 Supp....

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