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STATE v. WHITE

No. 51626.

133 N.W.2d 903 (1965)

STATE of Iowa ex rel. Richard C. LeBUHN, Appellee, v. J. Brown WHITE, also sometimes known as Joseph B. White and as Dr. J. B. White, individually and as a member of the Board of Directors of the Davenport Community School District in the County of Scott, State of Iowa, a corporation, and as a member of the Board of Directors of the Scott County, Iowa, School System, Appellant.

Supreme Court of Iowa.

March 9, 1965.

Attorney(s) appearing for the Case

William T. Evans, Davenport, for appellant.

Doerr, Dower & Rehling, Davenport, for appellee.

STUART, Justice.

Two related questions are involved on this appeal. May a person serve as a member of a local school board and the county board of education at the same time? If not, in which office does the vacancy occur?

Plaintiff proceeded under R.C.P. 300, 58 I.C.A. to obtain leave of court to file this quo warranto action. The petition alleged defendant was elected to the Board of Directors of the Davenport Community School District in Scott County. He...

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