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STATE, EX REL., v. SHOWALTER

No. 42,700

189 Kan. 562 (1962)

370 P.2d 408

THE STATE OF KANSAS, ex rel. WARREN RALSTON, County Attorney of Butler County, Kansas, Appellee, v. WORTH SHOWALTER, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

W.H. Coutts, III, and W.H. Coutts, Jr., of El Dorado, argued the cause, and were on the briefs for appellant.

Warren Ralston, County Attorney, of El Dorado, argued the cause, and William M. Ferguson, Attorney General, of Topeka, and Ervin E. Grant, Assistant County Attorney, of El Dorado, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This was a proceeding in quo warranto commenced by the state of Kansas on the relation of the county attorney of Butler County to oust Worth Showalter from the office of county commissioner under the provisions of G.S. 1949, 60-1609, et seq. A companion case, State, ex rel., v. Blain, 189 Kan. 575,

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