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MUENCH v. PAINE

No. 10552.

463 P.2d 939 (1970)

93 Idaho 473

Ernst G. MUENCH and Lloyd Taylor, Plaintiffs, v. Marlin PAINE, Archie Yamamoto, James Nafsinger, Bruce Bartlett, Leonard D. Wagers, Trustees of School District No. 139, Canyon County, Idaho, and Wilma Law, Clerk of the Board of Trustees of School District No. 139, Canyon County, Idaho, Defendants.

Supreme Court of Idaho.

January 16, 1970.

Attorney(s) appearing for the Case

Weeks & Davis, Nampa, for plaintiffs.

Smith, Miller & Weston, Caldwell, for defendants.

Robert M. Robson, Atty. Gen., and James G. Hargis, Asst. Atty. Gen., Boise, Cecil D. Hobdey, of James, Hobdey & Shaw, Gooding, amicus curiae.

McFADDEN, Chief Justice.

Both Ernst G. Muench and Lloyd Taylor, the plaintiffs in this original proceeding, are residents of School District No. 139 in Canyon County, Idaho. Plaintiff Taylor has children attending school in this district, and plaintiff Muench is a real property taxpayer in the district. They instituted this action seeking a writ of prohibition to prohibit and restrain the defendant trustees of School District No. 139 of Canyon County from selling...

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