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ZENITH SCHOOL DISTRICT NO. 32 v. PETERSON

No. 7623.

81 N.W.2d 764 (1957)

ZENITH SCHOOL DISTRICT NO. 32, Stark County, N. D.; New School District No. 8, Williams County, N. D.; Springvale School District No. 6, Stark County, N. D.; Antelope School District No. 7, Stark County, N. D.; Garden School District No. 17, Stark County, N. D.; Farmers Valley School District No. 19, Stark County, N. D.; Heart River School District No. 22, Stark County, N. D.; Wildrose School District No. 23, Stark County, N. D.; Green River School District No. 24, Stark County, N. D.; Grandvale School District No. 28, Stark County, N. D.; Badlands School District No. 14, Dunn County, N. D.; North Slope School District No. 24, Dunn County, N. D.; Patent Gate School District No. 31, McKenzie County, N. D.; all of the above and foregoing plaintiffs being sometimes hereafter designated as First Plaintiffs; and Wolf Butte School District No. 14, Adams County, N. D.; Holden School District No. 19, Adams County, N. D.; Lemmon School District No. 16, Adams County, N. D.; Kansas City School District No. 7, Adams County, N. D.; Ellefson School District No. 11, Adams County, N. D.; Solon School District No. 8, Hettinger County, N. D.; Eagle School District No. 11, Hettinger County, N. D.; Chilton School District No. 12, Hettinger County, N. D.; Mayzey School District No. 15, Hettinger County, N. D.; Clark School District No. 22, Hettinger County, N. D.; Runkel School District No. 31, Hettinger County, N. D.; which said last named school districts are hereafter sometimes referred to as Second Plaintiffs, Plaintiffs and Respondents, v. M. F. PETERSON, as Superintendent of Public Instruction of the State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 29, 1957.

Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., Paul M. Sand, and Helgi Johanneson, Asst. Attys. Gen., for appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for respondents.

BURKE, Judge.

In this proceeding thirty-two school districts sought a writ of mandamus directing the defendant, superintendent of public instruction, to certify to the state auditor for payment out of the state equalization fund certain sums which plaintiffs allege are due to the county tuition funds of the several counties in which the plaintiff school districts are located. The defendant joined issue with the plaintiffs by alleging that certification had been made...

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