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STATE v. GUSSNER

No. 7945.

114 N.W.2d 707 (1962)

STATE of North Dakota, ex rel. Harold SCHAFER, Relator and Respondent, v. W. S. GUSSNER, E. S. Killie, K. L. Zenner, L. T. Havig, J. E. Slatta, R. C. Arveson, K. L. Rue, M. F. Peterson, and Earl Abrahamson, constituting the Board of Directors and Executive Secretary of the North Dakota High School Activities Association, and T. E. Simle, W. S. Gussner and Hamilton G. Vasey, Superintendents of the Bismarck, Jamestown and Fargo Schools respectively, Respondents and Appellants.

Supreme Court of North Dakota.

April 17, 1962.

Attorney(s) appearing for the Case

Sproul, Fitzner & Greffenius, Valley City, and Hjellum, Weiss, Nerison & Ottmar, Jamestown, for appellants.

Jansonius, Fleck, Smith, Mather & Strutz, Bismark, for respondent.

BURKE, Judge.

In the spring of 1957, the Board of Directors of the North Dakota High School Activities Association declared certain high school boys ineligible to participate in high school athletics for the balance of the school year of 1957, because of their participation in a DeMolay Basketball Tournament in April 1957. On May 27, 1957, the relator instituted this proceeding upon a petition and supporting affidavit and, ex parte, secured from the District Court...

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