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PUBLIC SCHOOL DIST. NO. 35 v. CASS COUNTY BD. OF COM'RS

No. 8070.

123 N.W.2d 37 (1963)

PUBLIC SCHOOL DISTRICT NO. 35 IN BARNES TOWNSHIP, CASS COUNTY, North Dakota, a public corporation, the School Board of Barnes Township Public School District No. 35 of Cass County, State of North Dakota, previously Common School District No. 35 in Cass County, North Dakota, Adolph Henke, L. C. Barnes and Wesley Stensatter, members of the School Board, and individually, as electors, and citizens of said School District, Petitioners and Appellants, v. CASS COUNTY BOARD OF COUNTY COMMISSIONERS and Cass County, a public corporation, Respondents.

Supreme Court of North Dakota.

August 7, 1963.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for appellants.

Eugene A. Kruger, State's Atty., and Lowell W. Lundberg, Asst. State's Atty., Fargo, for respondents.

Ohnstad, Twichell & Maxwell, West Fargo, and Shaft, Benson, Shaft & McConn, Grand Forks, amici curiae.

TEIGEN, Judge.

The board of county commissioners of Cass County, North Dakota, was notified by its county superintendent of schools that Common School District No. 35 had not operated a school for the immediately preceding two years and that such school district had no pupils attending school in another State. Upon receipt of the notification, and pursuant to Section 15-22-21, N.D. C.C. (Chapter 157, Laws of 1961), the said...

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