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HARKINS v. SCHOOL DISTRICT NO. 4

No. 6087.

79 Ariz. 287 (1955)

288 P.2d 777

C.L. HARKINS, as State Superintendent of Public Instruction, Ernest W. McFarland, C.L. Harkins, Wilfred G. Austin, Gwyneth Ham and Wes Townsend, as members of the State Board of Education, and Richard A. Harvill, L.A. Eastburn and Grady Gammage, as ex officio members of the State Board of Education, Appellants, v. SCHOOL DISTRICT NO. 4 OF MARICOPA COUNTY, Arizona, a body politic, on behalf of said School District No. 4 and all other school districts of Maricopa County, Arizona, similarly situate, Appellee.

Supreme Court of Arizona.

October 18, 1955.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., Gordon Aldrich, Asst. Atty. Gen., for appellants.

William P. Mahoney, Jr., County Atty., and Jos. F. Walton, Phoenix, Sp. Counsel for School Affairs, for appellee.

WINDES, Justice.

School District No. 4 of Maricopa County, appellee, filed a complaint on behalf of itself and other school districts similarly situated against C.L. Harkins, state superintendent of public instruction, and the members of the state board of education, appellants, seeking a declaratory judgment. The admitted facts as set forth in the complaint are as follows:

Appellee school district admitted children to the first grade in the event they were...

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