REYNOLDS v. WADE

No. 15135.

249 F.2d 73 (1957)

Woodrow W. REYNOLDS, on Behalf of Himself and All Other Taxpayers Similarly Situated, Appellant, v. Hugh WADE, as Treasurer of the Territory of Alaska, John McKinney, as Director of Finance of the Territory of Alaska, Don M. Dafoe as Commissioner of Education of Alaska and A. H. Ziegler, William Whitehead, Mrs. James March, Mrs. Myra Rank and Robert F. Baldwin as Members of the Board of Education of the Territory of Alaska, Appellees.

United States Court of Appeals Ninth Circuit.

October 21, 1957.


Attorney(s) appearing for the Case

Howard D. Stabler, Juneau, Alaska, Henry C. Clausen, Richard G. Burns, San Francisco, Cal., for appellant.

J. Gerald Williams, Atty. Gen., Edward A. Merdes, Henry J. Camarot, Deputy Attys. Gen., for appellees.

Before ORR, LEMMON and FEE, Circuit Judges.


ORR, Circuit Judge.

The District Court of Alaska dismissed an action brought by appellant, a taxpayer, on behalf of himself and others similarly situated, to restrain certain officials of the Territory of Alaska from making alleged unlawful expenditures of territorial funds, and from administering a territorial statute concerned with publicly furnished transportation to non-public schools.

It seems to be agreed that in the event the appellant has capacity...

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