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HERGENRETER v. HAYDEN

No. T-4409.

295 F.Supp. 251 (1968)

William HERGENRETER and James W. Perkins, on their own behalf and for all other citizens similarly situated; and Unified School District No. 437, Shawnee County, Kansas, Plaintiffs, v. Murle M. HAYDEN, State Superintendent of Public Instruction of the State of Kansas; James R. Cobler, Controller of the State Department of Administration for the State of Kansas; and Walter H. Perry, State Treasurer of the State of Kansas, Defendants.

United States District Court D. Kansas.

September 30, 1968.

Attorney(s) appearing for the Case

William Hergenreter of Shaw, Hergenreter & Quarnstrom, Wayne Probasco, Topeka, Kan., and Robert K. Weaty, Junction City, Kan., for plaintiffs.

Robert C. Londerholm, Atty. Gen., of Kansas, and Richard E. Oxandale, Asst. Atty. Gen., Topeka, Kan., for defendants.

Before HICKEY, Circuit Judge, and TEMPLAR and THEIS, Judges.

OPINION OF THE COURT

THEIS, District Judge.

This suit was instituted by plaintiffs as a class action to challenge the legality of action by the State of Kansas acting through its state school officials in establishing a formula and allocating funds for state aid to be given school districts in the State of Kansas under the so-called Kansas School Foundation Act (K.S.A. § 72-7001 et seq.), the provisions of which statute require that twenty-five percent...

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