McCURTAIN COUNTY EXCISE BOARD, Plaintiff in Error,
v.
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Defendant in Error.
Supreme Court of Oklahoma.https://leagle.com/images/logo.png
June 2, 1959.
June 2, 1959.
Attorney(s) appearing for the Case
Lewis T. Martin, County Atty. of McCurtain County, Idabel, for plaintiff in error.
G.E. Bailey, St. Louis, Mo., Franklin & Harmon, Oklahoma City, for defendant in error.
Amici Curiae.
Harry Johnson, Oklahoma City, for Oklahoma Education Ass'n.
Charles B. Duffy, Ponca City, for Independent School Dist. Number 71 of Kay County.
C.H. Rosenstein, Tulsa, for Independent School Dist. Number 1 of Tulsa County.
W.A. Lybrand, Oklahoma City, for Independent School Dist. Number 89 of Oklahoma County.
Richard Kane, Bartlesville, for Independent School Dist. Number 30 of Washington County.
Martin E. Dyer, Ardmore, for Independent School Dist. Number 19 of Carter County.
A. Camp Bonds, Muskogee, for Independent School Dist. Number 20 of Muskogee County.
John M. Luttrell, Norman, for Independent School Dist. Number 29 of Cleveland County.
F.A. Petrik, Broken Arrow, for Independent School Dist. Number 3, Tulsa County.
Loeffler & Allen, Bristow, for Independent School Dist. Number 33 of Creek County.
H.I. Aston, McAlester, for Independent School Dist. Number 80 of Pittsburg County.
Hoel & Horton, Stillwater, for Independent School Dist. Number 16 of Payne County.
George E. McKinnis, Jr., Shawnee, for Independent School Dist. Number 93 of Pottawatomie County.
James M. Wilson, Enid, for Independent School Dist. Number 57 of Garfield County.
Supreme Court of Oklahoma.
WELCH, Justice.
The school district involved voted an additional emergency levy of not to exceed 5 mills pursuant to the provisions of the Constitution of Oklahoma, Article 10, Section 9, Subdivision (d), adopted as an amendment by referendum vote of the people on April 5, 1955.
When the school district budget for the current year was approved the Excise Board, in addition to other authorized levies, made a levy of...
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