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SINCLAIR v. SCHROEDER

No. 50,308

225 Kan. 3 (1978)

586 P.2d 683

FRANCIS SINCLAIR, Petitioner, v. HON. ALFRED G. SCHROEDER, Respondent.

Supreme Court of Kansas.

Opinion filed November 15, 1978.

Attorney(s) appearing for the Case

Larry Tittel, of Smyth & Tittel, of Ness City, was on the brief for the petitioner.

Curt T. Schneider, attorney general, and John R. Martin, deputy attorney general, were on the brief for the respondent.

The opinion of the court was delivered by

FROMME, J.:

This is an original action in quo warranto brought by a district magistrate judge whose office was declared vacant pursuant to K.S.A. 1977 Supp. 20-337 for failure to successfully complete the examination required to qualify for that office.

The facts which gave rise to the present action were stipulated and agreed to by the parties. Francis Sinclair was...

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