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ROTH v. COMMON SCHOOL DISTRICT NO. 34

No. 39,949

179 Kan. 214 (1956)

293 P.2d 1020

PHILIP ROTH, EARL McCULLOUGH, KATIE E. SANDERS, GRANT HINES, RUSSELL HINES, WALTER J. WELCH, PAULINE SHELLHORN, JEAN H. ALLEN, GLENN WALKER, and RALPH SPARKS, Appellants, v. COMMON SCHOOL DISTRICT No. 34, Neosho County, State of Kansas; J.M. SANDERS, as Director, WALTER R. MEEKER, as Treasurer, DUWARD HINES, as Clerk of the School Board of Common School District No. 34, Neosho County, State of Kansas; COMMON SCHOOL DISTRICT No. 105, Neosho County, State of Kansas; CLARK M. FLEMING, as Director, MARION RICHEY, as Treasurer, VIRGIL MOODY, as Clerk, and LOUIS EDWARDS and LEE CLARK as Members of the School Board of Common School District No. 105, Neosho County, Kansas; NELLE H. STEVENS, as County Superintendent of Public Instruction of Neosho County, Kansas; WENDELL BOWYER, as County Clerk of Neosho County, Kansas, and FAITH LEATHERMAN, as County Treasurer of Neosho County, Kansas; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NEOSHO, State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

Stanley E. Toland, of Iola, argued the cause, and was on the briefs for the appellants.

George W. Donaldson, of Chanute, argued the cause, and Charles F. Forsyth, of Erie, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was a taxpayers' injunction action. The appeal is from an order sustaining defendants' demurrers to the plaintiffs' amended petition.

Appellant taxpayers will be hereinafter referred to as plaintiffs, and appellee school district and other officials will be referred to as defendants.

The petition, as amended, omitting formal parts, alleged in...

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