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PELZL v. McCARTY

No. 44,469

197 Kan. 80 (1966)

415 P.2d 234

WILLIAM PELZL, JIM LUKENS and VIRGIL BAUMGARNER, Board of Education of College Hill School District No. 2, Appellee, v. RICHARD McCARTY, County Clerk of Barber County, Kansas; and, JENNIE McKINLEY, County Superintendent of Public Instruction of Barber County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Thomas L. McGuire, of Medicine Lodge, argued the cause and was on the briefs for the appellants.

John W. MacGregor, of Medicine Lodge, argued the cause, Riley W. MacGregor, of Medicine Lodge, was with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendants appeal from an order of the district court of Barber County granting mandamus and injunction against them in their capacities as County Clerk and County Superintendent.

The controversy with which this appeal is concerned arose as follows: Plaintiff is the Board of Education of College Hill School District No. 2, Barber County. It is admitted that at the time of the trial the College Hill...

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