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HOLLAND v. KILGO

18930

253 S.C. 1 (1969)

168 S.E.2d 569

James G. HOLLAND, Jr., a resident and taxpayer of that portion of Lexington County lying within School District No. 5 of Lexington and Richland Counties, the State of South Carolina, individually and representing all other persons similarly situate, and Clifton C. Adams, a resident and taxpayer of that portion of Richland County lying within School District No. 5 of Lexington and Richland Counties, the State of South Carolina, individually and representing all other persons similarly situate, Appellants, v. George D. KILGO, Chairman, David Simon, George Stoudemayer, E.P. Shedd, R.W. Ballentine, R.L. Shealy and M.O. Folk, constituting The Board of Trustees of School District No. 5 of Lexington and Richland Counties, the State of South Carolina, Respondents.

Supreme Court of South Carolina.

June 10, 1969.

Attorney(s) appearing for the Case

Lindsay G. Hall, Esq., of Batesburg, for Appellants.

Messrs. R. Milo Smith and T.H. Rawl, Jr., of Lexington, and Sinkler, Gibbs & Simons, of Charleston, for Respondents.

June 10, 1969.

Per Curiam:

This case was tried by Judge John Grimball on the basis of the complaint, the answer and stipulations, there being no factual controversy. By order the court refused to enjoin the defendants, constituting the School Board of Trustees, from issuing bonds. The plaintiffs (taxpayers) have appealed to this court.

We are satisfied that the decree of the circuit court correctly sets...

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