MANDICINO v. KELLY

No. 52693.

158 N.W.2d 754 (1968)

Frank MANDICINO and Anthony Boe, Appellants, v. Fred T. KELLY, James E. Anderson, Ralph E. Wilcox, Robert E. Carlson and W. Henry Hindman, Individually, and collectively as the Board of Supervisors of Woodbury County, Iowa, and Donald E. Linduski, Individually, and as County Auditor of Woodbury County, Appellees, Norman Spencer, Rufus Sheldon, Ardell Countryman, Mervin Zelimer, Dwight Puttman, Bruce Haddock, John S. Lord, Iowa Farm Bureau Federation, and Woodbury County Farm Bureau, each an Iowa Corporation, Intervenors-Appellees.

Supreme Court of Iowa.

May 7, 1968.


Attorney(s) appearing for the Case

Harry H. Smith, Sioux City, for appellants.

Edward F. Samore and Richard Beebe, Sioux City, for appellees.

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for Fred T. Kelly, in his individual capacity, as appellee.

Buckingham, Seitzinger & Mason, Des Moines, for intervenors-appellees.


MASON, Justice.

This is a class action asking determination of the constitutionality of the statutory scheme adopted for election of the Woodbury County board of supervisors and for equitable relief if it is found unconstitutional.

I. Plaintiffs' appeal presents the issue whether section 39.19, Codes, 1962, 1966, in forbidding the election of more than two residents of Sioux City township to the board coupled with a provision for voting at-large when electoral...

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