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STATE v. COMMUNITY SCHOOL DISTRICT OF ST. ANSGAR

No. 49533.

91 N.W.2d 571 (1958)

STATE of Iowa ex rel. Loren N. BROWN, County Attorney of Mitchell County, Iowa, Appellant, v. The COMMUNITY SCHOOL DISTRICT OF ST. ANSGAR, Robert Van Nice, Howard Madsen, H. V. Nickerson, Kenneth Zuehl, Cora Wahl, and L. R. Michaels, individually and in their capacity as supposed officials of said supposed District, Ira E. Larson in his capacity as Superintendent of Schools of Mitchell County, Iowa, Glenn Crowell, Roland Eske, Mrs. Matt Klassen, Ernest Smolik, and Luther Tollefson, in their capacity as members of the Board of Education of Mitchell County, Iowa, Appellees.

Supreme Court of Iowa.

July 28, 1958.

Attorney(s) appearing for the Case

Loren N. Brown, Osage, for appellant.

Alfred A. Beardmore, Charles City, for appellees.

LARSON, Justice.

Contending that the Community School District of St. Ansgar, in Mitchell County, was not legally organized, the plaintiff brought this quo warranto action April 21, 1958, against the defendants above named in their various capacities. Plaintiff's principal contentions were that the county superintendent and the board of education did not have jurisdiction to proceed with the establishment of this district when the affidavit filed pursuant to section...

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