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WELLARD v. MARCUM

No. 8855.

351 P.2d 482 (1960)

A. C. WELLARD, Alice Wellard, George Giannini, Dorothea Giannini, Hale Yeaple, Grace Yeaple, Clarence Cooper, Phyllis Cooper, Delbert Wiles, Wanda Wiles, for and on their behalf, and all others similarly situated, Plaintiffs-Respondents, v. LaVern MARCUM, Superintendent, and Norman Hammond, Burke Poole, Clinton Murdock, Morgan Van Orden, Percy Fisher, Trustees of Snake River School District No. 52, a Municipal Corporation, Defendants-Appellants.

Supreme Court of Idaho.

April 27, 1960.

Attorney(s) appearing for the Case

Furchner & Stufflebeam, Blackfoot, for appellants.

Gus Carr Anderson, Pocatello, for respondents.

J. N. Leggat, Boise, amicus curiae.

McFADDEN, Justice.

This action for writ of mandate was instituted by respondents, residents of Atomic City, Bingham County, Idaho, to compel the appellants, as superintendent and members of the Board of Trustees of Class "A" School District No. 52, to re-open the primary school at Atomic City, after it had been closed by order of the board dated April 13, 1959.

The present school district, No. 52, was created in 1948, pursuant to I.C. Title 33, Ch. 5, and...

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