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KESSLER v. BOARD OF EDUCATION OF CITY OF FESSENDEN

No. 7730.

87 N.W.2d 743 (1958)

Harold KESSLER, Petitioner and Respondent, v. The BOARD OF EDUCATION OF the CITY OF FESSENDEN of the State of North Dakota, a body corporate; and Kermit Hudel, Howard McGinnis, Erving Clark, August Breider and Alvin Maxwell, as members of said Board of Education, Respondents and Appellants.

Supreme Court of North Dakota.

January 30, 1958.

Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for appellants.

James H. Williams, New Rockford, for respondent.

JOHNSON, Judge.

This is an application for a writ of mandamus brought by Harold Kessler, the father of Linda Kessler, a minor child, thirteen years old, requesting that the Board of Education of the city of Fessenden be required to admit her as an eighth grade pupil to its school. The action is predicated on the provisions of Section 15-2908, NDRC 1943 as amended by Chapter 134 of the 1957 Session Laws.

On September 9, 1957, the petitioner, Harold Kessler...

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