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SCHOOL DISTRICT v. BOARD OF COUNTY COMMISSIONERS

No. 45,041

201 Kan. 434 (1968)

441 P.2d 875

SCHOOL DISTRICT No. R-6, Franklin County, Franklin, Nebraska, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS, Smith County, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed June 8, 1968.

Attorney(s) appearing for the Case

Lowell F. Hahn, of Phillipsburg, argued the cause, and Frank Hahn, also of Phillipsburg, was with him on the brief for the appellant.

W.R. Lutz, County Attorney, and T.D. Relihan, of Smith Center, were on the brief for the appellee. A.W. Relihan and Terry E. Relihan, of Smith Center, of counsel.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by a School District in the state of Nebraska to recover money against the Board of County Commissioners of Smith County, Kansas, for the tuition of four students from Smith County who attended its high school in the school year 1964-1965.

The trial court determined the matter on a motion for summary judgment in favor of the defendant and appeal has been duly perfected.

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