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

No. 36339.

171 Ohio St. 80 (1960)

THE STATE, EX REL. SMITH, APPELLANT, v. FAIRFIELD COUNTY, OHIO, BOARD OF EDUCATION, APPELLEE.

Supreme Court of Ohio.

Decided June 1, 1960.

Attorney(s) appearing for the Case

Mr. Joe F. Asher. for appellant.

Mr. Robert E. Johnston, Messrs. Knepper, White, Richards, Miller & Roberts and Mr. Hugh A. Sherer, for appellee.

Per Curiam.

The determinative issue is whether there is any authority in law by which a county board of education can transfer the territory of a local school district in one county to a local school district in an adjoining county.

Section 3311.231, Revised Code (127 Ohio Laws, 204, 206), as in effect prior to its amendment effective July 28, 1959 (128 Ohio Laws, S. 455), is controlling.

That section then provided in part: "* * * qualified...

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