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BARKS v. TURNBEAU

Nos. 40661, 40662.

573 S.W.2d 677 (1978)

Dewey BARKS, Respondent-Contestant, v. Natholene TURNBEAU, County Clerk of Madison County, Missouri, Appellant-Contestee, and Marquand-Zion R-VI School District, Appellant-Intervenor.

Missouri Court of Appeals, St. Louis District, Division Three.

Motion for Rehearing and/or Transfer Denied November 15, 1978.

Attorney(s) appearing for the Case

Stephen N. Limbaugh, Jr., Limbaugh, Limbaugh & Russell, Cape Girardeau, for respondent-contestant.

Robert J. Blackwell, Farmington, for appellant-contestee and appellant-intervenor.

GUNN, Presiding Judge.

On April 4, 1978, the annual school election of the Marquand-Zion R-VI School District was conducted in conjunction with a county-wide election for Madison County, Missouri. A proposition to increase the school tax levy by $1.00 for every $100.00 of assessed property value was presented to the voters and passed by a margin of 350 to 166—a mere 6 votes more than the two-thirds majority required for approval. Included among the ballots...

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