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JACKSON v. SMITH

No. 48636.

68 N.W.2d 82 (1955)

Elvene R. JACKSON, Wilfred Bierstedt, A. D. Bleckwenn, Virginia T. Soper, John Jorgenson, Betty Jorgenson, and Fairfield Independent District No. 1, Appellees, v. J. E. SMITH, County Superintendent of Schools, Palo Alto County, Iowa, Appellant, and Consolidated School District of Cylinder, Intervenor-Appellant.

Supreme Court of Iowa.

January 12, 1955.

Attorney(s) appearing for the Case

Leslie A. Prichard, Emmetsburg, for appellant.

Linnan & Lynch, Algona, A. J. Burt, Emmetsburg, for intervenor-appellant.

Kelly, Spies & Culver, Smith & Hanson, Emmetsburg, for appellees.

WENNERSTRUM, Chief Justice.

Plaintiffs brought an action in equity against the County Superintendent of Schools of Palo Alto County, Iowa to enjoin a special election called for the purpose of voting upon a proposed expansion of the Cylinder Consolidated District and the creation of a new consolidated school district. The plaintiffs were voters residing in, or the owners of real estate in, the proposed new district. The Cylinder district

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