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WELCH v. BOARD OF EDUCATION

No. 46,933

212 Kan. 697 (1973)

512 P.2d 358

LYNN WELCH, EARL ALLEN SCHMIDT, P.D. SMITH and CHARLES WILBUR RUSSELL, on Behalf of Themselves and All Other Resident Electors in the High School Attendance Center of Disorganized Barton County, Kansas, School District No. Joint A, Appellees, v. BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT No. 495, Pawnee County, Kansas, et al., Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1973.

Attorney(s) appearing for the Case

Glee S. Smith, of Larned, argued the cause, and Donald L. Burnett, of Larned, was with him on the brief for the appellant.

Walter F. Stueckemann, of Jetmore, argued the cause, and B. A. Lightfoot, of Jetmore, was with him on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal from a district court order enjoining appellants, the board of education of Unified School District No. 495 and its individual members, from discontinuing grades nine through twelve of the school at Pawnee Rock, and directing them to continue operating those grades until the electors of Pawnee Rock Disorganized School District No. Joint A consent to such discontinuance. Appellees are resident...

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