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MATTER OF ROSS v. WILSON

308 N.Y. 605 (1955)

In the Matter of Warren Ross et al., Appellants, v. Lewis A. Wilson, as Commissioner of Education of The State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1955

Attorney(s) appearing for the Case

Alton R. Erickson and Philip A. Erickson for appellants.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Lewis A. Wilson, Commissioner of Education of the State of New York, respondent.

Robert G. Wright for Board of Education, respondent.

CONWAY, Ch. J., FULD and BURKE, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents in an opinion in which DYE and FROESSEL, JJ., concur.

VAN VOORHIS, J.

The controversy in this proceeding concerns the sale of the schoolhouse which served common school district No. 1 of the Towns of Ellicott and Gerry, in Chautauqua County, before it was superseded by a central school district. This district had been known as the Ross Mills District. In February, 1953, the board of education of the recently formed central school district called a special meeting...

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