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MILLS v. McCARTY

No. 45,818

206 Kan. 93 (1970)

476 P.2d 691

GOVAN MILLS, FRANK HARRINGTON, C.A. SITLER, and TED R. CHAPIN, for themselves and for all Barber County taxpayers similarly situated, Appellees, v. R.E. McCARTY, County Clerk and ex-officio assessor of Barber County, Kansas, and RONALD F. DWYER, Director, Property Valuation Department, State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

Clarence J. Malone, of Topeka, argued the cause, and Daniel L. Swagerty, also of Topeka, and Thomas L. McGuire, of Medicine Lodge, were with him on the briefs for the appellants.

W. Luke Chapin, of Chapin and Penny, of Medicine Lodge, argued the cause, and Ralph C. Hall, also of Medicine Lodge, was with him on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

This is an action for injunctive relief. The trial court, in sustaining the plaintiffs' position, entered a permanent injunction against the defendants and they have appealed.

There is no material dispute as to the relevant facts. On December 27, 1965, the Board of County Commissioners of Barber County, Kansas (hereafter designated as the Board) employed the J.M. Cleminshaw Company, Incorporated...

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