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HENSLEY v. BOARD OF EDUCATION OF UNIFIED SCHOOL DIST.

No. 46,900

210 Kan. 858 (1972)

504 P.2d 184

ROY HENSLEY, KAY HAWES, H.H. BROWN, JR., and DARREL D. WILLIAMS, on Behalf of Themselves and All Other Resident Electors in the High School Attendance Center of Disorganized Ford County, Kansas, School District No. 84, Appellants, v. BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 443, Ford County, Kansas: DEAN HAMILTON, President; DR. HERBERT C. WHITE, Member; ROBERT E. BARHYDT, Member; DONALD L. HAHN, Member; JACK N. STANLEY, Member; DR. ARNOLD H. BAUM, Member; and MRS. GEORGE E. MUSSEMANN, Member, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Donald E. Shultz, of Shultz, Shultz, Johnson and Reynolds, of Dodge City, argued the cause and was on the brief for the appellants.

James A. Williams, of Williams, Larson, Voss and Stroebel, of Dodge City, argued the cause, and Max Eugene Estes, of the same firm, was with him on the brief for the appellees.

Walter F. Stueckemann and B.A. Lightfoot, both of Jetmore, were on the brief for The Schools for Quality Education, Amicus Curiae.

Fred W. Rausch, Jr., of Topeka, was on the brief for Kansas Association of School Boards, Amicus Curiae.

The opinion of the court was delivered by

FROMME, J.:

Resident electors of a disorganized school district appeal from a judgment in favor of the accused school board on an accusation in contempt.

The appellants are electors residing in the territory of former School District No. 84, which district was disorganized and more than three-fourths of its territory was annexed to Unified School District No. 443, Ford County, Kansas. Said unified district...

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