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SEATTLE SCHOOL DIST. v. ODELL

No. 35278.

54 Wn.2d 728 (1959)

344 P.2d 715

SEATTLE SCHOOL DISTRICT NO. 1, Plaintiff and Relator, v. HOWARD ODELL et al., Defendants, G. CLINTON BENNETT, Intervenor, SUPERIOR COURT FOR KING COUNTY, Frank D. James, Judge, Respondent.

The Supreme Court of Washington, En Banc.

October 5, 1959.

Attorney(s) appearing for the Case

Preston, Thorgrimson & Horowitz and James R. Ellis, The Attorney General and Robert J. Doran, Assistant, for plaintiff and relator.

Charles O. Carroll, Kenneth G. Smiles, and Maurice M. Epstein, for defendants Odell et al.

Hall, Cole & Lawrence, for defendant Buol.

Cartano, Botzer & Chapman and Hugo E. Oswald, Jr., for intervenor.

Merges & Brain, Eugene D. Zelensky, Burcham & Blair, Robert E. Blair, and Lewis H. Orland, amici curiae.

MALLERY, J.

On May 19, 1959, a special school election was held in Seattle School District No. 1 on a proposed tax levy in excess of the forty mill constitutional limitation. A total of 86,154 votes were cast at the election, 76,164 for and 9,990 against the levy.

Seattle School District No. 1 brought this action to validate the election and has appealed from an adverse judgment.

The seventeenth amendment...

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