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WELLING v. LIVONIA BOARD OF ED.

Calendar No. 26, Docket Nos. 52,618, 52,619.

382 Mich. 620 (1969)

171 N.W.2d 545

WELLING v. LIVONIA BOARD OF EDUCATION. WAGSTAFF v. SAME. KURZMAN v. WATERFORD BOARD OF EDUCATION.

Supreme Court of Michigan.

Decided November 6, 1969.

Attorney(s) appearing for the Case

Kenneth J. Morris and James E. McCarthy, for plaintiffs Welling and others.

Harris, Stein & Hooberman (Maurice N. Blake and Jerome Harris, of counsel), for plaintiffs Wagstaff and others.

Campbell, Lee, Kurzman & Leitman (Eugene K. Pool and Frances R. Avadenta, of counsel), for plaintiffs Kurzman and others.

Robert M. Thrun, for defendant Livonia School District.

John T. Rogers, for defendant Waterford School District.

Amicus Curiae: Michigan Education Association by Levin, Levin, Garvett & Dill.

PER CURIAM:

Plaintiffs sought mandamus or a mandatory injunction to require defendant school boards to provide a full day of instruction for all students in the Livonia and Waterford School Districts. The trial courts granted mandatory injunctions. The matters are here on our grant of by-pass of the Court of Appeals.

Mandamus or a mandatory injunction lies only to enforce the performance of a clear legal duty.

"The legislature shall maintain and support...

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