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HOTCHKISS v. U.H. DIST. NO. 2

207 Or. 584 (1956)

297 P.2d 306

HOTCHKISS ET AL v. UNION HIGH SCHOOL DISTRICT NO. 2 ET AL

Supreme Court of Oregon.

Affirmed May 16, 1956.

Petition for rehearing denied June 13, 1956.

Attorney(s) appearing for the Case

S.J. Bischoff, Portland, argued the cause for appellants. With him on the briefs was Pat H. Donegan, Burns.

Thomas H. Tongue, III, Portland, argued the cause for respondents. With him on the brief were Edwin D. Hicks, Portland, and James M. Burns, Burns.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, BRAND, LATOURETTE and PERRY, Justices.

AFFIRMED.

LUSK, J.

This is a taxpayer's suit brought to enjoin the District School Board of Union High School District No. 2, Harney County, Oregon, from selling an issue of bonds and spending any funds of the district for the acquisition of a new high school site or for the erection of a school building thereon.

The circuit court sustained a demurrer to the complaint and, the plaintiffs declining to amend...

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