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UNIFIED SCHOOL DISTRICT v. STATE BOARD OF EDUCATION

No. 45,842

206 Kan. 229 (1970)

478 P.2d 201

THE UNIFIED SCHOOL DISTRICT No. 335, JACKSON COUNTY, KANSAS, Appellant, v. THE STATE BOARD OF EDUCATION OF KANSAS AND ITS LEGAL PREDECESSOR, MURLE M. HAYDEN, THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

John E. Bohannon, of Topeka, argued the cause, and was on the brief for the appellant.

Edward Collister, assistant attorney general, argued the cause, and Kent Frizzell, attorney general, and Gary L. Rohrer, assistant attorney general, were with him on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

This action was instituted by Unified School District No. 335 to enjoin the enforcement of certain orders made by the state superintendent of public instruction transferring portions of plaintiff's territory to three other unified school districts. Plaintiff's right to maintain the action was successfully challenged in the lower court and constitutes the sole issue for determination in this appeal.

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