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STATE v. SCHOOL DISTICT NO. 1 OF FERGUS COUNTY

No. 10116.

348 P.2d 797 (1960)

STATE of Montana ex rel. Donald E. Ronish, Petitioner and Respondent, v. SCHOOL DISTRICT NO. 1 OF FERGUS COUNTY, a body corporate and political subdivision of the State of Montana and Frank Savage, Respondents and Appellants.

Supreme Court of Montana.

Decided January 29, 1960.

Attorney(s) appearing for the Case

Charles E. Marshall, County Atty., Peter L. Rapkoch, Deputy County Atty., Lewistown, for respondents and appellants. Peter L. Rapkoch, Deputy County Atty., argued orally.

Donald E. Ronish, Lewistown, pro se, for petitioner and respondent.

CASTLES, Justice.

This is an appeal from an order, of the District Court of Fergus County, directing a peremptory writ of mandamus to issue against the appellant school district through its board of trustees, hereinafter referred to as the Board. The writ directed the Board to "forthwith admit Debra D. Ronish to the first grade of Lincoln School."

The facts are not in dispute. Petitioner's daughter, Debra Ronish. was five years old when the school term commenced...

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