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KIMSEY v. BOARD OF EDUCATION

No. 46,922

211 Kan. 618 (1973)

507 P.2d 180

ORVILLE KIMSEY, et al., Appellants, v. BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT # 273 OF MITCHELL, OTTAWA and CLOUD COUNTIES, STATE OF KANSAS; WILLIAM EARLE, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Paul L. Aylward, of Ellsworth, argued the cause, and Ron Svaty, also of Ellsworth, was with him on the brief for the appellants.

James D. Waugh, of Cosgrove, Webb and Oman, of Topeka, argued the cause, and Harry W. Gantenbein, of Beloit, was with him on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

This is a taxpayers' suit to enjoin the issuance of $2,334,000 worth of bonds by the defendant board of education of Unified School District No. 273, Beloit. The trial court refused to enjoin the bonds, and the plaintiff taxpayers have appealed.

In question is an election held February 26, 1972, at which the bond proposition carried by a vote of 1388 for...

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