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BAKER v. UNIFIED SCHOOL DISTRICT

No. 46,221

206 Kan. 581 (1971)

480 P.2d 409

WILMER BAKER, JR., ROY O. SPILLMAN, LESTER ROSS, ARTHUR WISBY, CHARLES FERGUSON, PAUL McGREW, EARL SELF, WILLARD SMITH, LEVERT J. ROSS, FRANCIS J. WEBER, CARL McCOLLAM and ROBERT THYER, Appellants, v. UNIFIED SCHOOL DISTRICT No. 346, County of Linn, State of Kansas, a municipal corporation, and H. MAURICE BROWN, ALLEN BROYLES, ALBERT IRWIN, ELLWOOD STAMBAUGH, BERT GORMAN, PETER HIGGINS and WILLIAM WOLFINGER, as board members of said Unified School District, and ELTHEDA KENNEDY, as clerk of said board, Appellees.

Supreme Court of Kansas.

Opinion filed February 8, 1971.

Attorney(s) appearing for the Case

Orville J. Cole, of Garnett, argued the cause and was on the brief for the appellants.

Leighton A. Fossey, of Mound City, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

FROMME, J.:

The plaintiffs-appellants are residents and taxpayers of Unified School District No. 346, Linn county. They filed a petition seeking to enjoin the school district officers from issuing bonds and constructing a school building.

The bonds were authorized by a special bond election in the district. The validity of that election was upheld by this court in...

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