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WYCOFF v. BOARD OF COUNTY COMMISSIONERS

No. 42,650

189 Kan. 557 (1962)

370 P.2d 138

RICHARD WYCOFF and RAYMOND WYCOFF, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LOGAN, KANSAS; CLAUDE M. FULTON, JACOB UHRICH and ROY KRONVALL, members of The Board of County Commissioners of the County of Logan, Kansas; and the following County Officers of Logan County, Kansas, to wit: HARRY B. PHELPS, County Attorney; MARJORIE WRIGHT, Register of Deeds; L.P. BAXTER, County Clerk; ADA F. ROGGE, Clerk of the District Court; NELL POTTERF, Probate Judge; FERN MAJORS, County Treasurer; and RUTH E. LANGDON, County Superintendent, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

James W. Wallace, of Scott City, argued the cause, D.B. Lang, of Scott City, and V.E. Artley, of Russell Springs, were with him on the brief for the appellants.

Corwin C. Spencer, of Oakley, argued the cause, C.A. Spencer, J.H. Jenson and Harry B. Phelps, all of Oakley, were with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by the appellants to enjoin the appellees from removing the respective offices of the county seat of Logan County, Kansas, from its present location to the city of Oakley, Kansas. The order of removal was made subsequent to a special election held pursuant to the provisions of G.S. 1949, 19-1601 to 19-1630, inclusive.

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