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BOARD OF TRUSTEES v. BOARD OF COUNTY COM'RS

No. 9443.

398 P.2d 442 (1965)

BOARD OF TRUSTEES OF JOINT CLASS A SCHOOL DISTRICT #151 IN CASSIA AND in TWIN FALLS COUNTIES, and Kirby Wilson, William Darrington, Bruce Young, William Bruesch and W. B. Whiteley, constituting the members of the said Board of Trustees, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF CASSIA COUNTY, Idaho, and John A. Clark, J. Weldon Beck and Orvil Beecher, constituting the members of the said Board of County Commissioners of Cassia County, Idaho, and Frank B. Kearns, County Auditor and Clerk of the Board of County Commissioners, Cassia County, Idaho, Defendants-Respondents.

Supreme Court of Idaho.

January 21, 1965.

Attorney(s) appearing for the Case

Herman E. Bedke, Burley, for appellants.

Allan G. Shepard, Atty. Gen., and Stephen W. Boller, Asst. Atty. Gen., Boise, Richard K. Smith, Prosecuting Atty., Burley, for respondents.

TAYLOR, Justice.

The plaintiff (appellant) board of trustees of Joint Class A School District No. 151, brought this action for a writ of mandate to compel defendant (respondent) board of county commissioners of Cassia County, to levy a tax on all the taxable property in the county sufficient to raise the sum of $36,100.37, representing a deficit in said school district's apportionment from the public school income fund.

Upon trial, one witness testified in...

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