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SETTLE v. CITY OF MUSKOGEE

No. 43842.

462 P.2d 642 (1969)

Tom SETTLE, Plaintiff, v. The CITY OF MUSKOGEE, of the State of Oklahoma, et al., Defendants.

Supreme Court of Oklahoma.

As Corrected December 31, 1969.

Attorney(s) appearing for the Case

Jan Eric Cartwright, Muskogee, for plaintiff; George J. Fagin and Andrew J. Haswell, Jr., Oklahoma City, J. Scott Brown, Oklahoma City, of counsel.

Chal Wheeler, Andrew C. Wilcoxen, Jr., Muskogee, for defendants.

J.B. Marshall, Edmond, for amicus curiae Oklahoma Municipal League.

Fielding D. Haas, Norman, for amicus curiae City of Norman.

G.T. Blankenship, Atty. Gen. of Oklahoma, Tim Leonard, Asst. Atty. Gen., for amicus curiae.

Roy H. Semtner, Municipal Counselor, James R. Fuson, Asst. Municipal Counselor, for amicus curiae City of Oklahoma City.

DAVISON, Justice.

This is an original action in this court in which we are called on to determine the validity of Art. 10, § 27, of the Oklahoma Constitution. Plaintiff contends Art. 10, § 27, is unconstitutional on the ground that the limitation therein, requiring persons voting at the election therein to be "qualified property tax paying voters," violates the equal protection clause in the Fourteenth Amendment to the United States Constitution.

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