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STATE v. GUSSNER

No. 7755.

92 N.W.2d 65 (1958)

STATE of North Dakota ex rel. Harold SCHAFER, Relator and Respondent, v. W. S. GUSSNER, E. A. Killie, K. L. Zenner, L. T. Havig, J. E. Slatta, R. G. Arveson, K. L. Rue, M. F. Peterson, and Earl Abrahamson, Constituting the Board of Directors and Executive Secretary of the North Dakota High School Activities Association, and T. E. Simle, W. S. Gussner and Hamilton G. Vasey, Superintendents of the Bismarck, Jamestown and Fargo Schools respectively, Defendants and Appellants.

Supreme Court of North Dakota.

September 17, 1958.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison & Ottmar, Jamestown, and L. T. Sproul, Valley City, for appellants.

Strutz, Jansonius & Fleck, Bismarck, for respondent.

PER CURIAM.

The relator in this action, with the consent of the Attorney General, petitioned the district court on May 23, 1957, for a writ of prohibition to restrain the defendants from enforcing the ruling they had made declaring high school boys who had participated in a DeMolay basketball tournament in Bismarck, on April 25, 26, and 27, 1957, ineligible for participation in their track, tennis or golf games in the spring of 1957. The application was supported...

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