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STATE, EX REL., v. COMMON SCHOOL DISTRICT NO. 76

No. 39,990

178 Kan. 692 (1955)

290 P.2d 825

THE STATE OF KANSAS, on the relation of ROBERT H. MEYER, County Attorney of Jewell County, Kansas, Appellant, v. COMMON SCHOOL DISTRICT NUMBER 76, a body Corporate, of Jewell County, Kansas; and FRANCIS W. FRYE, CLARENCE W. SMITH, L.E. NELSON, as members of the School Board of Common School District Number 76; BESS KRAMER, as County Treasurer of Jewell County, Kansas; and EDGAR L. BRINKWORTH, as County Clerk of Jewell County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Robert H. Meyer, County Attorney, and Geo. E. Teeple and J.R. White, both of Mankato, and T.D. Relihan, A.W. Relihan and T.E. Relihan, all of Smith Center, were on the briefs for the appellant.

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 school district and members of the board thereof, appellees and cross-appellants.

Charles A. Walsh, of Concordia, argued the cause and was on the briefs for Edgar L. Brinkworth, County Clerk, appellee and cross-appellant.

The opinion of the court was delivered by

PRICE, J.:

This is an action in the nature of quo warranto, brought by the state on the relation of the county attorney of Jewell County, seeking injunctive relief against defendant school district, the members of the school board, and the county treasurer and county clerk. The appeal presents the second chapter in this court of litigation over the construction of a school building in Mankato.

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