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BOARD OF DIRECTORS, ETC. v. BOARD OF EDUCATION, ETC.

No. 49708.

97 N.W.2d 166 (1959)

BOARD OF DIRECTORS OF LEWIS CONSOLIDATED SCHOOL DISTRICT, Cass County, Iowa, Plaintiffs-Appellants, v. BOARD OF EDUCATION IN AND FOR CASS COUNTY; Warren R. Morrow, Secretary and Executive Officer; Board of Education, Pottawattamie County; Ernest Barker, Secretary and Executive Officer; Acting as a single Board in accordance with Section 275.16 Code of Iowa 1954, Defendants-Appellees.

Supreme Court of Iowa.

Rehearing Denied July 24, 1959.

Attorney(s) appearing for the Case

Richard C. Turner, Council Bluffs, Willard M. Freed, Gowrie, for appellants.

James Van Ginkel, County Atty., Cass County, Atlantic, Kenneth Sacks, County Atty., Pottawattamie County, Council Bluffs, Roscoe S. Jones, Atlantic, for appellees.

HAYS, Justice.

The Board of Directors of Lewis Consolidated School District, Cass County, Iowa, filed with the superintendent of public instruction of Cass County, a petition asking for the formation of a Community School District embracing territory in both Cass and Pottawattamie Counties as authorized by Chapter 275, Code 1958, I.C.A. After a hearing before the joint county boards, the petition was dismissed. On appeal to the State Department of Public Instruction...

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