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STATE v. COMMUNITY SCHOOL DISTRICT OF ST. ANSGAR

No. 48988.

78 N.W.2d 86 (1956)

STATE of Iowa, ex rel. Fred J. WARRINGTON, Lewis Reis, Glen Hernan, Lawrence Ask, Lloyd Feldt, Irvin Wilde, Elmer Wilde, Rudolph Tribbensee, Norval C. Jensen, William H. Hanson, Harry W. Hanson, George Lambaere, Charles Church, Ray Weber, Pauline Theobald, Ambrose Theobald, William Milton, V. M. Hofmeister, Ervin Schulze, Dwight Seaton, Ray Kramer, Wilmer Landherr, C. C. Hansen, Clarence M. Hemann, John N. Hemann, Raymond Mauer, F. J. Zemanek, Appellants, v. COMMUNITY SCHOOL DISTRICT OF ST. ANSGAR, Iowa: Roland Eske, Ross Decker, Glen Crowel, Donald Whitcomb, Luther Tollefson, Fern Hockens, L. P. Ortale, Lawrence Dieterich, Robert Van Nice, L. R. Falk, Darwin Rhoades, Arthur C. Hollatz, Jessie M. Parker and their successors in office, Appellees.

Supreme Court of Iowa.

Supplemental Opinion August 30, 1956.

Rehearing Denied September 21, 1956.

Attorney(s) appearing for the Case

Elwood, Anderson & Elwood, Cresco, and W. H. Salisbury, Osage, for appellants.

Zastrow, Noah & Smith, Charles City, and L. E. Plummer, Northwood, for appellees.

LARSON, Justice.

A quo warranto action was commenced to test the validity of the Community School District of St. Ansgar, Iowa. The trial court found the reorganization valid, and plaintiffs appeal. The record discloses the following facts. Petitions were filed in the Mitchell County school superintendent's office asking the formation of the St. Ansgar School District; notices were published and a hearing on the proposal was held on the 2nd day of February, 1954....

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