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DUNKER v. BROWN COUNTY BOARD OF EDUCATION

Nos. 10009, 10010.

121 N.W.2d 10 (1963)

Harry H. DUNKER, Robert J. Borchard, Edwin E. Rietz, Maurice Samuelson and Ray Dunker, Appellants, v. BROWN COUNTY BOARD OF EDUCATION, a Public Corporation of the State of South Dakota, Respondent.

Supreme Court of South Dakota.

Rehearing Denied May 8, 1963.

Attorney(s) appearing for the Case

Agor, Bantz, Siegel & Barnett, Aberdeen, for appellants.

R. M. Schutz, Aberdeen, for respondent.

RENTTO, Judge.

After the Brown County Board of Education adopted and obtained approval of a county master plan, it adopted a substitute plan within the master plan by which 26 districts would be reorganized as Warner School District No. 230. Petitions were filed by these districts requesting that the substitute plan be submitted to the electors of the proposed district. In the election held for this purpose on February 23, 1961, 13 districts voted in favor of the...

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