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SMITH v. BD. OF EDUCATION OF OSWEGO COMMUNITY H. SCH. DIST.

No. 31355.

405 Ill. 143 (1950)

89 N.E.2d 893

CARL L. SMITH, Appellant, v. THE BOARD OF EDUCATION OF OSWEGO COMMUNITY HIGH SCHOOL DISTRICT et al., Appellees.

Supreme Court of Illinois.

Opinion filed January 18, 1950.

Attorney(s) appearing for the Case

HAMPER, ATWELL & TINKER, of Aurora, (C.H. ATWELL, and G.H. TINKER, of counsel,) for appellant.

WILLIAM C. O'BRIEN, of Aurora, (WILSON D. BURNELL, and DONALD L. PUCKETT, of counsel,) for appellees.

Decree affirmed.

Mr. JUSTICE SIMPSON delivered the opinion of the court:

July 19, 1949, appellant, Carl L. Smith, in a representative capacity as a taxpayer, filed a complaint in the circuit court of Kendall County for an injunction to restrain the Board of Education of Oswego Community High School District No. 300, in Kendall and Will Counties, from proceeding with a contract for the construction of a new high school...

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