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INDEPENDENT SCHOOL DIST. NO. 35 v. ENGELSTAD

Nos. 39974, 39975.

144 N.W.2d 245 (1966)

INDEPENDENT SCHOOL DISTRICT NO. 35, MARSHALL COUNTY, commonly known as Grygla Independent School, Respondent, v. Clifford E. ENGELSTAD et al., Respondents-below, Leo Orpen, Peter Aune and Dwayne Nelson, Appellants, Independent School District No. 440, Marshall County, intervenor, Appellant, C. L. Stapleton, County Superintendent of Schools, Beltrami County, Respondent, Independent School District No. 438, Marshall County, Respondent. INDEPENDENT SCHOOL DISTRICT NO. 440, MARSHALL COUNTY, et al., Appellants, v. C. L. STAPLETON, County Superintendent of Schools, Beltrami County, Respondent, Independent School District No. 35, Marshall County, commonly known as Grygla Independent School District, and Independent School District No. 438, Marshall County, intervenors, Respondents.

Supreme Court of Minnesota.

July 1, 1966.

Attorney(s) appearing for the Case

Peterson & Popovich and James E. Knutson, St. Paul, for appellants.

Olson, Kief & Kalar, and Laurence A. Anderson, Bemidji, for School Dist. 35.

Douglas Cann, County Atty., Alfred C. Schmidt, Asst. Co. Atty., Bemidji, for Stapleton.

Swenson & Grover, Alexandria, for School Dist. No. 438.

OPINION

NELSON, Justice.

Each of these appeals is from an order denying a motion for a temporary injunction. They arise out of a school district consolidation, are based on substantially the same facts, and were heard together in this court.

On June 2, 1964, the Board of County Commissioners of Marshall County ordered certain lands which were then a part of Independent School District No. 438, Gatzke,...

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