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SMITH v. MILLER

No. 47,028

213 Kan. 1 (1973)

514 P.2d 377

GARY L. SMITH, a minor, by and through his natural mother and guardian, FLORA COOK, Appellant, v. DON MILLER, President of Board of Education, et al., Appellees.

Supreme Court of Kansas.

Opinion filed September 11, 1973.

Attorney(s) appearing for the Case

Stephen J. Blaylock, of the Neighborhood Office of the Legal Aid Society, of Wichita, argued the cause and was on the brief for the appellant.

William H. Dye, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

Gary L. Smith, a student, was expelled from school by the board of education of Unified School District No. 259, Sedgwick county. Upon judicial review the expulsion was upheld and Gary brings the matter here. Primarily, procedural defects are urged upon appeal.

Brief review of the facts and administrative proceedings should first be made.

On September 11, 1972, four separate assaults upon...

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