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WYCOFF v. BOARD OF COUNTY COMMISSIONERS

No. 43,308

191 Kan. 658 (1963)

383 P.2d 520

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 July 10, 1963.

Attorney(s) appearing for the Case

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

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

The opinion of the court was delivered by

FATZER, J.:

This was an action to perpetually enjoin the defendants from removing the respective offices of the county seat of Logan County, Kansas, from Russell Springs to the city of Oakley. The action was brought by two plaintiffs who were electors and taxpayers of Logan County, "on their own behalf, and on behalf of other electors of Logan County, Kansas, in the same situation." The defendants were the Board of...

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