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STATE EX REL. KEARNEY v. BD. OF PUBLIC INSTRUCTIONS OF VOLUSIA CTY.

No. A-480.

109 So.2d 791 (1959)

STATE of Florida ex rel. John W. KEARNEY, William E. Partington, and John Simmons, Appellants, v. BOARD OF PUBLIC INSTRUCTIONS OF VOLUSIA COUNTY, Florida, John McCallum, Monso Tatum, James L. Dixon, Jeanne Goddard and Anne Cox, Appellees.

District Court of Appeal of Florida. First District.

March 17, 1959.

Attorney(s) appearing for the Case

Duffett & Stanier, Daytona Beach, for appellants.

Hall, Sweeny & Godbee, DeLand, and Kinsey, Vincent & Pyle, Daytona Beach, for appellees.

PER CURIAM.

The appealed-from order of the Circuit Court for Volusia County quashed an amended alternative writ of mandamus commanding the Board of Public Instructions of said county to re-establish the five board member residence district in accordance with Section 230.061, Florida Statutes, 1957, F.S.A., which requires such re-establishment "so as to place in each district, as nearly as practicable, the same number of qualified electors," or show cause why it refused...

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