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STATE EX REL. INDEP. SCH. DIST. 1 v. BARNES

No. 70241.

762 P.2d 921 (1988)

STATE ex rel. INDEPENDENT SCHOOL DISTRICT NO. 1 OF OKLAHOMA COUNTY, Oklahoma, a/k/a Putnam City Public Schools; Independent School District No. 4 of Oklahoma County, Oklahoma, a/k/a Choctaw/Nicoma Park Public Schools; Independent School District No. 6 of Oklahoma County, Oklahoma, a/k/a Deer Creek Public Schools; Independent School District No. 9 of Oklahoma County, Oklahoma, a/k/a Jones Public Schools; Independent School District No. 12 of Oklahoma County, Oklahoma, a/k/a Edmond Public Schools; Independent School District No. 37 of Oklahoma County, Oklahoma, a/k/a Millwood Public Schools; and Independent School District No. 53 of Oklahoma County, Oklahoma, a/k/a Crooked Oak Public Schools, Petitioners, v. Joe B. BARNES, in his official capacity as Treasurer of Oklahoma County, Oklahoma, and as a member of the Oklahoma County Budget Board; George C. Keyes, in his official capacity as Assessor of Oklahoma County, Oklahoma, and as a member of the Oklahoma County Budget Board; Jerry Dewoody, in his official capacity as Clerk of Oklahoma County, Oklahoma, and as a member of the Oklahoma County Budget Board; Howard K. Berry and Frank Burnes, in their official capacities as members of the Oklahoma County Equalization and Excise Board; Carmon C. Harris, in his official capacity as Judge of the District Court of Oklahoma County, Oklahoma; Robert E. Anderson, Robert L. Wadley and Don Kilpatrick, in their official capacities as members of the Oklahoma Tax Commission; the Oklahoma State Department of Education; Tom Petuskey, Court Clerk of Oklahoma County, Robert H. Macy, District Attorney of Oklahoma County, J.D. Sharp, Sheriff of Oklahoma County, Bob Clark, Superintendent of Schools of Oklahoma County, and Shirley Daniels, F.G. Buchanan and Fred Snyder, members of the Board of Commissioners of Oklahoma County, Oklahoma, all in their official capacities as members of the Oklahoma County Budget Board; Whig Syndicate, Inc., an Oklahoma corporation; and Susan Lamb Griffith, an individual, Respondents.

Supreme Court of Oklahoma.

June 30, 1988.

Attorney(s) appearing for the Case

William Patrick Bleakley, Larry Lewis, Linda Maria Meoli, Oklahoma City, for petitioners.

Frederick O'Laughlin, Oklahoma State Tax Com'n, Oklahoma City, for respondent Oklahoma Tax Com'n.

Marc S. Pate, Asst. Dist. Atty., Oklahoma City, for respondents Joe B. Barnes, George C. Keyes, Jerry Dewoody, Tom Petuskey, Robert H. Macy, J.D. Sharp, Bob Clark, Shirley Daniels, F.G. Buchanan and Fred Snyder.

Jeff Mixon, Atty. General's Office, Oklahoma City, for respondent State Dept. of Educ.

William S. Flanagan, Dist. Atty's Office, El Reno, for respondent Oklahoma County Excise and Equalization Bd.

Lee M. Holmes, Oklahoma City, for respondents Whig Syndicate, Inc. and Susan Lamb Griffith.

Ronald L. Day, Oklahoma City, for respondent Oklahoma City Public Schools.

Jack R. Durland, Oklahoma City, for respondent Carmon C. Harris.

HARGRAVE, Vice Chief Justice.

The petitioners, Independent School District No. 1 of Oklahoma County et al., bring an original action in this Court, seeking writs of mandamus and prohibition. The relief sought in this action is as follows:

Mandamus to compel the County Treasurer of Oklahoma County to distribute all 1987 ad valorem tax payments received from a protesting taxpayer save only that portion of each tax payment...

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