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STATE, EX REL. v. STATE BOARD OF EDUCATION

No. 47,389

215 Kan. 551 (1974)

527 P.2d 952

THE STATE OF KANSAS, ex rel., LEONARD J. DIX, COUNTY ATTORNEY OF ROOKS COUNTY, KANSAS, et al., Appellee and Cross-Appellants, v. THE BOARD OF EDUCATION OF THE STATE OF KANSAS, et al., Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Earl W. Francis, assistant attorney general, argued the cause, and Vern Miller, attorney general, and Donna Heller, assistant attorney general, were with him on the brief for the appellants and cross-appellees.

Kenneth Clark, of Hill City, argued the cause, and Leonard J. Dix, county attorney, and Allen Shelton, also of Hill City, were with him on the briefs for the appellee and cross-appellants.

The opinion of the court was delivered by

FROMME, J.:

This is an appeal from an order which enjoined the State Board of Education from implementing its order transferring 56 sections of land from one unified school district to another in Rooks County, Kansas.

A petition to transfer the territory was filed by Unified School District No. 270 of Rooks County, the receiving district, asking that the territory be transferred from Unified School District...

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