KESTER v. MIAMI-YODER JOINT SCHOOL DISTRICT NO. 60

No. 19130.

361 P.2d 124 (1961)

Bill D. KESTER and Sam M. Gibson, Plaintiffs in Error, v. MIAMI-YODER JOINT SCHOOL DISTRICT NO. 60 IN the COUNTIES OF EL PASO, LINCOLN AND ELBERT; and Roland H. Meinzer, Russell Higgins, and Walter B. Ottem, as members of the Board of Directors of said School District, Defendants in Error.

Supreme Court of Colorado. En Banc.

April 17, 1961.


Attorney(s) appearing for the Case

George M. Gibson, Colorado Springs, for plaintiffs in error.

Gerald W. Bennett, Brian J. Mullett, Colorado Springs, for defendants in error.


HALL, Chief Justice.

Plaintiffs in error were plaintiffs in the trial court. They are residents of and owners of taxable property in the Miami-Yoder Joint School District No. 60.

On February 11, 1959, they commenced this suit as a class action seeking (1) temporary and permanent injunction restraining the defendants from entering into any contract for the construction of a school or making additions to the Miami School building near Rush, Colorado, or (2)...

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