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STATE EX REL. DeKREY v. PETERSON

Civ. No. 8610.

174 N.W.2d 95 (1970)

STATE of North Dakota on relation of Lester DeKREY, Robert Chesrown, William Fischer, Robert F. Martin, Dorval Schmidt, Dan Winter, Dr. David G. Jaehning, Dr. Jack Pfister, and Dr. Charles Lindbergh, Petitioners, v. M. F. PETERSON, Superintendent of Public Instruction of the State of North Dakota, Byron Dorgan, State Tax Commissioner of the State of North Dakota, Helgi Johanneson, Attorney General, State of North Dakota, Odin J. Wold, County Auditor, County of Richland, and Alma Kremer, County Auditor, County of Emmons, Respondents.

Supreme Court of North Dakota.

January 16, 1970.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for petitioners.

Helgi Johanneson, Atty. Gen., and Gerald W. VandeWalle, Asst. Atty. Gen., Bismarck, for respondents M. F. Peterson, Byron Dorgan, and Helgi Johanneson.

Larry M. Hatch, State's Atty., of Emmons County, Linton, for respondent Alma Kremer.

Robert L. Eckert, State's Atty., of Richland County, Wahpeton, for respondent Odin J. Wold.

PAULSON, Judge.

This is a proceeding wherein certain relators on behalf of the State of North Dakota petition for an original writ of mandamus compelling Odin J. Wold, County Auditor of Richland County, North Dakota, and Alma Kremer, County Auditor of Emmons County, North Dakota, and each and every other auditor in the State of North Dakota in appropriate circumstances, to certify as having passed by a majority vote any school election for the current taxable year...

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