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BOARD OF EDUCATION v. STATE BD. OF PUBLIC INSTRUCTION

No. 49653.

95 N.W.2d 285 (1959)

BOARD OF EDUCATION OF CARROLL COUNTY, Iowa, Plaintiff-Appellee, v. STATE BOARD OF PUBLIC INSTRUCTION, J. C. Wright, Superintendent of Public Instruction, Board of Education of Audubon County, Iowa, Board of Education of Shelby County, Iowa, and Board of Education of Crawford County, Iowa, Defendants (Audubon County is the only Appellant).

Supreme Court of Iowa.

March 10, 1959.

Attorney(s) appearing for the Case

Dale D. Levis, L. L. Ryan, Audubon, for appellant.

Loth & Melton, Fort Dodge, for appellee.

HAYS, Justice.

May 14, 1957, the Boards of Education of Audubon, Carroll, Crawford and Shelby Counties fixed the boundaries of a proposed Manning Community School District. On appeal to the State Superintendent of Public Instruction, this action was reversed on the grounds of insufficient preliminary study prior to the filing of the petition on April 25, 1957, and, in effect, that the hearing on May 14, 1957 was biased, unfair and the result of prior commitments....

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