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STATE EX REL. DIX v. STATE BD. OF EDUC.

No. 48,605

224 Kan. 38 (1978)

578 P.2d 692

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

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Allen Shelton, of Clark & Shelton, of Hill City, argued the cause and Kenneth Clark, of the same firm, and Leonard J. Dix, county attorney, were with him on the brief for the appellants.

Erle W. Francis, attorney for state board of education and commissioner of education, and Jerry Smetana, of Plainville, attorney for U.S.D. No. 270, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action to set aside an order of the State Board of Education which transferred 56 sections of land from Unified School District No. 269 to Unified School District No. 270. Both school districts are located in Rooks County, Kansas. Initially the trial court granted the injunction and an appeal was taken thereon. On that appeal the primary issue was the constitutionality of the transfer statute...

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