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SCHOOL DISTRICT, JOINT NO. 71 v. THROCKMORTON

No. 42,841

189 Kan. 259 (1962)

368 P.2d 367

SCHOOL DISTRICT, JOINT No. 71, Rooks County, Kansas, et al., Appellees, v. ADEL F. THROCKMORTON, State Superintendent of Public Instruction, and THE STATE COMMITTEE ON SCHOOL DISTRICT ORGANIZATION, Appellants.

Supreme Court of Kansas.

Opinion filed January 27, 1962.

Attorney(s) appearing for the Case

Edward Curry, assistant attorney general, argued the cause, and William M. Ferguson, attorney general, was with him on the briefs for the appellants.

E.H. Hatcher, of Topeka, and Marion Chipman, of Hill City, argued the cause, and W.H. Clark and Kenneth Clark, of Hill City, and Bernard J. Brungardt, of Hays, were with them on the briefs for the appellees.

Fred W. Rausch, Jr., of Topeka, filed a brief as amicus curiae for the Kansas Association of School Boards.

Jack A. Quinlan and Myron L. Listrom, both of Topeka, filed a brief as amici curiae for Common School District No. 7, Tecumseh, Shawnee County.

Clarence J. Malone and Lelyn Braun, both of Topeka, filed a brief as amici curiae for Kansas Rural School Association.

The opinion of the court was delivered by

JACKSON, J.:

This action for a declaratory judgment was filed in Graham County. The plaintiffs, some twenty-four common and high school districts of the State, challenged the constitutionality of Chapter 361, Laws of 1961, which now appears as G.S. 1961 Supp. 72-6701, et seq. This act has become known as the Unified School District Act. The district court heard the parties as soon as the pleadings were filed...

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