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FISHER v. CLACKAMAS COUNTY SCHOOL DISTRICT 12

507 P.2d 839 (1973)

Myrtle FISHER et al., Respondents-Cross-Appellants, v. CLACKAMAS COUNTY SCHOOL DISTRICT 12, a School District of the State of Oregon, et al., Appellants, and Floyd Bennett et al., Intervenors-Appellants.

Court of Appeals of Oregon.

Decided March 19, 1973.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause for appellants. With him on the briefs were Black, Kendall, Tremaine, Boothe & Higgins, Portland, and George L. Hibbard and Hibbard, Caldwell, Canning & Schultz, Oregon City.

Herbert H. Anderson, Portland, argued the cause for respondents-cross-appellants. With him on the brief was Henry H. Hewitt, Portland.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

This is a suit in equity brought by plaintiffs taxpayers against defendants Clackamas County School District 12,1 its board, clerk, and superintendent, to enjoin defendants from using classroom space in St. John the Baptist school (hereinafter "St. John's school") to conduct classes for students of the parochial school. Intervenors are taxpayers in School District 12 and their minor children who attend schools in the...

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