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TYLER v. COMMON SCHOOL DISTRICT NO. 76

No. 39,653

177 Kan. 387 (1955)

279 P.2d 302

E.M. TYLER, E.C. JOHNSON, J.C. LeBOW, G.R. KRAMER, M.E. McCARTHY, W.J. TURNER, H.J. TAYLOR, G.A. BERGSTEDT, A.L. HALE, W.D. HOOKER, C.T. JONES, A.T. KRAMER, J.V. ZIMMERMAN, GERALD F. THOMPSON, JOHN R. KIRK, J.R. SPENCER, R.K. VOSS, MARY F. HULSE, LAWRENCE THOMPSON, MURRELL GRAHAM, ALMA HAMILTON, MILDRED MILLER, VERN SCARROW, GLENN S. WILEY, LENDELL GRAHAM, D.S. HAMILTON, DALLAS R. MILLER and ED LOOMIS, Appellants, v. COMMON SCHOOL DISTRICT No. 76, a body corporate; and FRANCIS W. FRYE, CLARENCE SMITH and L.E. NELSON, as members of the School Board of Common School District No. 76, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1955.

Attorney(s) appearing for the Case

Geo. E. Teeple and J.R. White, both of Mankato, and A.W. Relihan, T.D. Relihan and T.E. Relihan, all of Smith Center, were on the briefs for the appellants.

Melvin R. Quinlan, of Topeka, argued the cause, and John S. Dean, Jr., of Topeka, and L.E. Weltmer, Roderick E. Weltmer and L.M. Weltmer, all of Mankato, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal from an order sustaining a demurrer to a petition in an injunction action.

The parties named as appellants (plaintiffs below) in the title of this opinion commenced the action against the persons named therein as appellees (defendants below) by filing a petition in the district court of Jewell County. In due time the defendants attacked such pleading by a lengthy motion to strike...

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