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DE BERG v. COUNTY BOARD OF EDUCATION OF BUTLER COUNTY

No. 49162.

82 N.W.2d 710 (1957)

Ted DE BERG, Hazle DeBerg, Joseph B. Kyle, L. P. Kyle, Berniece Kyle, Gene Reser, Mrs. Gene Reser, Mrs. Dick Van Horn, Dick Van Horn, Chas. Zimmerman, Jane Zimmerman, Ben Stubbe, Don Stanbrough, Eilard Muller, Paul Mason, Blythe Mason, Harm Hovenge, B. H. Boyd, Stanley Roose, Elizabeth Roose, Siebert F. Arends, Eva Arends, John Schwennen, Jr., John Weiland, and Roy Tindall, Appellants, v. COUNTY BOARD OF EDUCATION OF BUTLER COUNTY, Iowa; and Superintendent K. R. Rowley, County Superintendent of Schools, Butler County, Iowa; County Board of Education of Floyd County, Iowa; Mrs. Wilbur Forsyth, President of the Floyd County Board of Education; Fannie Howell, County Superintendent of Schools, Floyd County, Iowa; State Superintendent of Public Instruction for the State of Iowa; State Board of Public Instruction of the State of Iowa, Appellees.

Supreme Court of Iowa.

May 7, 1957.

Attorney(s) appearing for the Case

DeWolf, Goodman & Huisman, Grundy Center, for appellants.

Zastrow, Noah & Smith, and Jack Frye, Charles City, and James H. Graven, Greene, for appellees.

PETERSON, Justice.

On February 7, 1956, a petition was filed with the County Superintendent of Schools of Butler County, Iowa, in accordance with Section 275.11, Iowa Code 1954, I.C.A., requesting the establishment of a consolidated school district to be known as "The Community School District of Greene, Butler County, Iowa". The proposed boundaries of the territory to be included in the district were properly described. Almost all territory involved, which included...

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