BROWNING v. BOARD OF EDUCATION


291 S.W.2d 17 (1956)

James F. BROWNING et al., Appellants, v. BOARD OF EDUCATION OF FAIRVIEW INDEPENDENT SCHOOL DISTRICT OF BOYD COUNTY, Ky., et al., Appellees.

Court of Appeals of Kentucky.

May 25, 1956.


Attorney(s) appearing for the Case

Thomas Burchett, Burchett & Burchett, Ashland, for appellant.

Creech & Cox, Ashland, for appellee.


MOREMEN, Judge.

Appellants, who are residents of Millseat precinct, a part of the Fairview Independent School District of Boyd County, filed an action in behalf of themselves and of residents similarly situated by which they sought to enjoin appellees, the Board of Education of that district and its individual members, from erecting a school building on property known to the record as "the Barber property."

After issue had been joined and upon motion for a...

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