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BAUGH v. RURAL HIGH SCHOOL DISTRICT

Nos. 41,453, 41,469

185 Kan. 123 (1959)

340 P.2d 891

OWEN BAUGH, MITCH BAUGH, JOE BLASCO, HOMER ADAMS, LEO FISHER, VERNON E. HOLMES, JOHN LAUDAN, TOM McDONALD, ROBERT MITTS, GEORGE MOORE, ED PRITCHETT, JOHN REES, WILLIAM REES, H.R. RICHARDS, GARLAND SCROGGIN, R.F. SEARL, HARRY SISSON, ROBERT A. SMITH, EDDIE SPRINGER, ROSCOE STATON, LEM SYLVESTER, GEORGE THOMAS, and WALTER UMPHENOUR, Appellees, v. RURAL HIGH SCHOOL DISTRICT No. 5, LINN COUNTY, KANSAS, and OTTO HENDERSON, Director, DWIGHT SMITH, Clerk, MAX L. MILLER, Treasurer, ROBERT STEVANUS and ROBERT V. HALL, as members of the School Board of Rural High School District No. 5, Linn County, Kansas, Appellants. OWEN BAUGH, MITCH BAUGH, JOE BLASCO, LEO FISHER, JOHN LAUDAN, TOM McDONALD, ROBERT MITTS, GEORGE MOORE, ED PRITCHETT, JOHN REES, WILLIAM REES, H.R. RICHARDS, R.F. SEARL, HARRY SISSON, GARLAND SCROGGIN, ROBERT A. SMITH, EDDIE SPRINGER, ROSCOE STATON, LEM SYLVESTER, GEORGE THOMAS, and WALTER UMPHENOUR, Appellees, v. COMMON SCHOOL DISTRICT No. 78, LINN COUNTY, KANSAS, and JAMES A. STILLWAUGH, Director, REES H. HAMILTON, Clerk, E.K. SELLERS, Treasurer, RUSSELL E. JOHNSON and VERNON E. HOLMES, as members of the School Board of Common School District No. 78, Linn County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

Glenn Jones, of Parsons, argued the cause and was on the brief for appellants.

M.K. Hoag, of Pleasanton, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

These injunction actions were instituted by a group of taxpayers against the appellant school districts and their board members to challenge the validity of proceedings to issue school bonds, on the grounds that notice of the bond elections were published for an insufficient period of time. The trial court rendered judgment for the appellees, permanently enjoining the issuance, registration and sale...

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