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BURD v. BOARD OF EDUCATION OF AUDUBON COUNTY

No. 53387.

167 N.W.2d 174 (1969)

Rex L. BURD, Duane DuVall, Andrew Korsgaard, and Frank Lange, for Themselves and for All Others Similarly Situated, Appellees, v. The BOARD OF EDUCATION OF AUDUBON COUNTY, Iowa, by Wayne White, Grover Davis, William Campbell, Thomas Payne and Glenn Aikmann, Members Thereof; and Chester Jensen, as Secretary of Said Board and as Superintendent of Schools of Audubon County, Appellants, The Board of Education of the Kimballton Independent School District, by Dorcas Randolph, Doris Christensen, Ralph Mathiesen, Alfred Christensen, and Arild Christensen, Members Thereof, Intervenors.

Supreme Court of Iowa.

April 8, 1969.

Attorney(s) appearing for the Case

Dale D. Levis, Audubon, and Fred Louis, Jr., Harlan, for appellants.

Larson & Larson, Harlan, and Alan Loth, Fort Dodge, for appellees.

RAWLINGS, Justice.

By certiorari in District Court plaintiffs challenged school merger proceedings. Trial resulted in order sustaining the writ. Defendants and intervenors appeal. We affirm.

The Independent School District of Kimballton has no high school.

When this action was commenced all plaintiffs resided in the Kimballton district. They urge reorganization of Kimballton with the Elk Horn-Kimballton Community School District.

Defendants...

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