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DeFOREST v. HERBERT

No. 45,522

204 Kan. 516 (1970)

464 P.2d 265

JOHN D. DeFOREST and CHARLES K. DeFOREST, Appellants, v. O.F. HERBERT, H.L. HIEBERT, and ED. W. NAVRAT, Board of Commissioners of Marion County, Kansas; and BILL MEYER, AL RIFFEL, L.L. HADSELL, ALBERT KLENDA and LEO REID, Board of Directors of Hospital District No. 1 of Marion County, Kansas; and BURNACE C. POWELL, County Clerk of Marion County, Kansas, Appellees and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Gaylord I. Maples, of Peabody, argued the cause, and Richard C. Morgan, Jr., of Peabody, was with him on the brief for appellants.

Edwin G. Westerhaus and D.W. Wheeler, of Marion, argued the cause, and David W. Wheeler, of Marion, was with them on the brief for the appellees and cross-appellant.

Kent Frizzell, attorney general, was on the brief amicus curiae.

The opinion of the court was delivered by

FATZER, J.:

This action was filed by the appellants to enjoin the Board of County Commissioners of Marion County from establishing Hospital District No. 1, Marion County, pursuant to the Hospital District Act (K.S.A. 80-2178 et seq., as amended). As the provisions of the Act were interpreted by the appellants, they were entitled to judgment holding the statute unconstitutional...

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