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ANDREWS v. BOARD OF COUNTY COMMISSIONERS

No. 46,027

207 Kan. 548 (1971)

485 P.2d 1260

J.G. ANDREWS, CHARLES T. DUMENIL, PAUL H. FOX, FREDRICK F. JACOBS, ROBERT M. JAY, NOBLE L. LINCH, WARREN L. STOUT, HARRY N. WINTON, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COWLEY, NOBLE C. BRADBURY, chairman, LENNIE M. ATKINS and AARON B. JOHNSON as members, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1971.

Attorney(s) appearing for the Case

George E. Sybrant, of Arkansas City, argued the cause and was on the brief for the appellants.

Thomas D. Herlocker, County Counselor, argued the cause, and Richard Camp, County Attorney, was with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is an action originally brought in the district court by residents and taxpayers of Cowley county to require a rearrangement of the three county commissioner districts in that county under the authority of K.S.A. 19-204.

In pertinent part the statute provides:

"The board of county commissioners shall, on the day of the organization of the board or as soon thereafter as may be possible...

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