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U.S.D. NO. 407 v. FISK

No. 54,743

232 Kan. 820 (1983)

660 P.2d 533

UNIFIED SCHOOL DISTRICT #407 By Virgil E. Boatwright, Superintendent, Plaintiff-Appellee, v. LEE FISK and JAY B. THIELEN, Defendants-Appellants, v. JACK STOLLER, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Michael S. Holland, of Russell, argued the cause and was on the briefs for Lee Fisk and Jay B. Thielen, defendants-appellants.

Don C. Staab, of Hays, argued the cause and was on the brief for plaintiff-appellee, Unified School District #407 by Virgil E. Boatwright, Superintendent.

John C. Woelk, of Woelk, Culley and Ehrlich, of Russell, argued the cause and was on the briefs for defendant-appellee, Jack Stoller.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by various parties from rulings of the district court in a declaratory judgment action. The action was originally filed on behalf of Unified School District #407, seeking a determination of the number of votes necessary by a school board to legally appoint new members to fill vacant positions created by the resignation of one or more members of the school board and a determination of whether...

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