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IND. SCHOOL DIST. NO. 697, EVELETH v. COUNTY BD. OF COM'RS

No. 43221.

198 N.W.2d 526 (1972)

In re Appeal of IND. SCHOOL DISTRICT NO. 697, EVELETH, Minn., et al., from an order made by the County Board of Commissioners of St. Louis County, dated June 23, 1970, etc., Appellants, v. COUNTY BOARD OF COMMISSIONERS, St. Louis County, Minnesota, Respondent, County Board of Education of St. Louis County, Minnesota, intervening respondent-below, Respondent.

Supreme Court of Minnesota.

June 2, 1972.

Attorney(s) appearing for the Case

Peterson & Popovich and James E. Knutson, St. Paul, for appellants.

Keith Brownell, County Atty., Bruce L. Anderson, Asst. County Atty., Duluth, for respondents.

Hammer, Halverson, Watters & Bye and Robert Maki, Duluth, amicus curiae for petitioners for creation of Independent School Dist. No. 710.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and GUNN, JJ.

TODD, Justice.

This is an appeal from an order of the District Court of St. Louis County which dismissed an appeal from an order of the Board of County Commissioners of St. Louis County creating an independent school district from unorganized territory pursuant to Minn.St. 122.11 and denied appellants' motion for summary judgment. We reverse as to the dismissal of the appeal to the district court and dismiss the appeal from the part of the order denying summary judgment...

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