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MASHETER v. VINING

No. 44,852

198 Kan. 691 (1967)

426 P.2d 149

CHARLES J. MASHETER, LONNIE PLATT, H.C. WOLFE, SR., HENRY THOELE, HARRY THOELE, JIM KENNEDY, FRANK ROSSENER and CONRAD B. HERMRECK, Appellants, v. CECIL E. VINING, VICTOR L. MONTAGUE, ARDYCE A. WILSON, GEORGE A. SNOW, HOBART L. BETZ and RALPH McCREA, Board Members of the Unified School District No. 288, Franklin County, State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1967.

Attorney(s) appearing for the Case

Eugene C. Riling, of Lawrence, argued the cause, and Edward T. Riling, of Lawrence, was with him on the brief for the appellants.

James D. Waugh, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, Philip E. Buzick, William B. McElhenny, James L. Grimes, Jr., Donald J. Horttor, Terry L. Bullock, Stewart L. Entz, Edward L. Bailey, all of Topeka, and Orville J. Cole, of Garnett, were with him on the brief for the appellees.

The opinion of the court was delivered by

PRICE, C.J.:

This is an action by resident tax payers of a unified school district to enjoin defendant school board members from issuing and selling general obligation bonds of the district, and to require defendants to conduct elections pursuant to K.S.A. 72-6756.

Summary judgment was entered for defendants, and plaintiffs have appealed.

The facts are not in dispute.

Pursuant to K.S.A. 72-6761...

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