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STATE v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 84

No. 9976.

117 N.W.2d 558 (1962)

STATE of South Dakota ex rel. Walter C. MAUDE, Marlow Jurisch, Donald Taylor, Paul Zelpher, Plaintiffs and Respondents, v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 84 IN PENNINGTON COUNTY, South Dakota, and Lawrence Larsen, Alex Shellito, Anthony Kudrna of School District No. 84 In Pennington County, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

November 2, 1962.

Attorney(s) appearing for the Case

Sieler & Brady, Rapid City, for defendants and appellants.

Potter & Crabb, Rapid City, for plaintiffs and respondents.

PER CURIAM.

The electors of School District No. 84, Pennington County, at a special meeting held in July, 1961, instructed the school board of the district to maintain a school at a place designated as the Kube Table school for the school year 1961-62. The electors defeated a motion to authorize the board to levy an additional tax to provide necessary funds to maintain the school. After refusal of the board to carry out the instruction, the present action for writ...

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