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MASON v. HOLT

No. 40,614

181 Kan. 628 (1957)

313 P.2d 249

WILL MASON, BUN R. WILLIAMS, LEWIS R. WILLIAMS, CECIL ROBINSON, E.J. ROBINSON, ARTHUR BYBEE, S.A. POPE, FRED FINK, M.H. HEFTON, MACK COMSTOCK, ANTON GOBL, RALPH C. BOLINGER, W.T. GRANT, ROY ATER, J.R. BANWART, ELMER MILLER, JR., A.O. RUPERT, EDWARD E. BUNTAIN, E.L. POST, CARL E. BOSLEY, GEO. W. DARE, JOHN J. JACKSON, GLEN E. BOLINGER, JOE SNAPP, HARRY STOCKSTILL, J.F. ROWETH, V.E. BUNDY, CHAS. SCHLEGEL, GENE COLVIN, LEE COLVIN, JULIA WUNDERLY, FRED WUNDERLY, R.W. GOODMAN and KENNETH FELT, Appellants, v. H.C. HOLT, HOMER K. THOMPSON and OWEN MARTIN, as members of the Board of Rural High School District No. 4, Bourbon County, State of Kansas, and BUFORD L. SHANKEL, as County Attorney of Bourbon County, Kansas, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1957.

Attorney(s) appearing for the Case

Douglas Hudson, Howard Hudson, and Douglas G. Hudson, all of Fort Scott, were on the briefs for the appellants.

Daniel O. Lardner, of Fort Scott, and P.E. Nulton, and R. L. Letton, both of Pittsburg, were on the briefs for the appellees and cross-appellants.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the judgment, order, findings and conclusions of the trial court in granting judgment on the pleadings at the request of and in favor of the defendants. This mandamus action was filed by residents and taxpayers seeking to have a rural high school district board commanded to call an election to permit the electors to vote on the question of disorganization of the rural high school...

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