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HERMAN v. MEDICINE LODGE SCHOOL DISTRICT NO. 8

No. 7456.

71 N.W.2d 323 (1955)

Edgar HERMAN and Tony B. Herman, on their own behalf and as residents and taxpayers of Medicine Lodge School District No. 8 of the County of McHenry and State of North Dakota, and on Behalf of Other Residents and Taxpayers Similarly Situated, Plaintiffs and Respondents, v. MEDICINE LODGE SCHOOL DISTRICT NO. 8, COUNTY OF McHENRY, State of North Dakota, a Public Corporation, and Cecil Herman, Kyle Miller and Carl Ross Green, Directors of said Medicine Lodge School District No. 8, Betty Fairbrother, Clerk of said School District, and David Fairbrother, Treasurer of said School District, Defendants and Appellants.

Supreme Court of North Dakota.

June 24, 1955.

Attorney(s) appearing for the Case

Joseph C. McIntee, Towner, Bosard & McCutcheon, Minot, for defendants and appellants.

Heringer & McClintock, Rugby, for plaintiffs and respondents.

SATHRE, Judge.

The plaintiffs, residents, and taxpayers of Medicine Lodge School District in McHenry County, North Dakota brought this action for themselves and other residents and taxpayers similarly situated, against said school district, the directors, clerk and treasurer thereof, defendants, to restrain them from closing the schools in said school district and from transporting the children of compulsory school age to Newport School District in the city of Towner...

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