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STATE, EX REL., v. BOARD OF REGENTS

No. 39,424

176 Kan. 179 (1954)

269 P.2d 425

THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General of the State of Kansas, Plaintiff, v. THE BOARD OF REGENTS OF THE STATE OF KANSAS; WALTER S. FEES, Chairman, MRS. ELIZABETH HAUGHEY, A.W. HERSHBERGER, WILLIS N. KELLEY, LESTER McCOY, DREW McLAUGHLIN, GROVER POOLE, DR. L.B. SPAKE, OSCAR S. STAUFFER, Members, and HUBERT BRIGHTON, Secretary, Defendants.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Dean G. Ostrum, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the plaintiff.

A.W. Hershberger, of Wichita, argued the cause and was on the briefs pro se and as attorney for the defendants.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in quo warranto on the relation of the attorney general to oust the board of regents from carrying out the provisions of its resolution authorizing The Kansas State College of Agriculture and Applied Science to use the proceeds from oil and gas leases covering real estate in Morton county, granted the state under an act of congress dated July 2, 1862, entitled "AN ACT donating...

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