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STATE, EX REL. BD. OF EDN. v. STATE BD. OF EDN.

No. 6094.

110 Ohio App. 527 (1959)

THE STATE, EX REL. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF COLUMBUS, APPELLEE, v. STATE BOARD OF EDUCATION ET AL., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided September 29, 1959.

Attorney(s) appearing for the Case

Mr. Russell Leach, city attorney, Mr. John W. E. Bowen and Mr. W. Bruce Jenkins, for appellee.

Mr. Mark McElroy, attorney general, Mr. Hugh A. Sherer and Mr. John A. Hoskins, for appellant State Board of Education.

Messrs. Isaac, Postlewaite, O'Brien & Oman, for appellant Board of Education of the Whitehall City School District.

Mr. Earl W. Allison, prosecuting attorney, for appellant Fred C. Dunn, Auditor of Franklin County.

DUFFY, J.

From November 1954 to December 1957 there were several annexation proceedings which resulted in the transfer of territory from the Whitehall City School District to the City School District of Columbus, Ohio. During those years there was no division made of the funds and indebtedness of and between the respective school districts as required by Section 3311.06 of the Revised Code (126 Ohio Laws, 302) which is as follows:

"The territory included within...

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