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STATE EX REL. CITY COUNCIL OF CITY OF GLADSTONE v. YEAMAN

No. WD 41075.

768 S.W.2d 103 (1988)

STATE of Missouri, ex rel., CITY COUNCIL OF the CITY OF GLADSTONE, Missouri, Bill Patterson, Charlie Eberspacher, Larry Whitton, and C. Milton Wallace, Relators, v. The Honorable John M. YEAMAN, Judge of the Circuit Court of Platte County, Missouri, Division I, sitting as Division II of the Circuit Court of Clay County, Missouri, Respondent. STATE of Missouri, ex rel., Robert E. McCLELLAN, George E. Hester, Phillip K. Phillips, Melvin E. West, Carl S. Cannova, Linda L. Thornton, William R. Shepard, Anita Duncan and Bill Reynolds, Cross-Appellants, v. CITY COUNCIL OF the CITY OF GLADSTONE, Missouri, Bill Patterson, Charlie Eberspacher, Larry Whitton, C. Milton Wallace, J. Robert Ashcroft, the Board of Election Commissions of Clay County, Missouri, Judith F. Ferguson, Carol M. Isley, James L. Younger, Steven R. Hurst, Appellant-Cross-Respondents.

Missouri Court of Appeals, Western District.

October 20, 1988.

Attorney(s) appearing for the Case

Michael E. Waldeck, Kansas City, for State ex rel. McClellan, et al.

Leary G. Skinner, Liberty, for State ex rel. City Council of Gladstone, et al.

James Franklin Ralls, Jr., Kansas City, for Bill Patterson.

James C. Bowers, Jr., Kansas City, Abe Shafer, IV, Weston, for C. Eberspacher and C.M. Wallace.

John B. Ewing, Russell D. Jacobson, Kansas City, for Larry Whitton.

Max W. Foust, Kansas City, for J. Robert Ashcroft.

John Richard Shank, Jr., Gladstone, for Board of Election Com'n of Clay County.

Before COVINGTON, P.J., and SHANGLER and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

The removal by recall petition of four Gladstone, Missouri councilmen gives rise to this matter. Section 77.650, RSMo 1986. (All statutory references will be to the Revised Statutes of 1986). This court had issued a preliminary order in prohibition. The disposition of the writ is here combined with the direct appeals of the Gladstone Residents ("Residents") who sought the recall and of the City Council ("Council") and individual members of the Council...

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