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STATE, EX REL., v. RURAL HIGH SCHOOL DISTRICT NO. 7

No. 38,334

171 Kan. 437 (1951)

233 P.2d 727

THE STATE OF KANSAS, ex rel. LEONARD W. McANARNEY, County Attorney of Osage County, Kansas, Appellee, v. RURAL HIGH SCHOOL DISTRICT No. 7, Osage County, Kansas, and DON EVERTSON, Director, H.M. KRAMER, Clerk, and OREN HENRY, Treasurer, as members of the School Board of Rural High School District No. 7, Osage County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

John S. Dean, Jr., of Topeka, argued the cause, and Peter F. Caldwell and Melvin R. Quinlan, both of Topeka, and Harry T. Coffman, of Lyndon, were with him on the briefs for the appellants.

Alex Hotchkiss, of Lyndon, argued the cause, and Leonard W. McAnarney, county attorney, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action in the nature of quo warranto to oust a rural high school district and its officers from using the proceeds of a bond issue to enlarge, equip, remodel, repair and improve a school building owned and used jointly with a common school district.

From a judgment ousting defendants from so proceeding they have appealed, and the basic...

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