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STATE EX REL. HOLLY v. KIELHOFNER

No. 11451.

587 S.W.2d 647 (1979)

STATE of Missouri ex info. John Ashcroft, Attorney General, ex rel. Bert F. HOLLY, Raymond T. Roth, Thomas R. Ham, J. C. Sprinkel, Jr., George Germaine, Marilyn Welty, E. N. Fiesler, O. W. Hartner, John Z. Smith, and I. F. Sanders, Relators, v. Bob KIELHOFNER, Clerk of Scott County, Fred Held, Ollie Amick, Margaret Shipman, Bob Goodman, and Gary Venable, Commissioners of Illmo, Alvie Modglin, Nancy Caldwell, Charles Bertrand, Larry Waddle, and Oral Noon, Commissioners of City of Scott City, Respondents.

Missouri Court of Appeals, Southern District, En Banc.

September 25, 1979.

Attorney(s) appearing for the Case

John H. Percy, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for relators.

David G. Shy, Scott City, for respondent Bob Kielhofner, Clerk of Scott City.

Fielding D. Potashnick, Sikeston, Thomas L. Arnold, Benton, for respondents-commissioners.

PREWITT, Judge.

Relators filed an information in the nature of quo warranto asking this court to declare the consolidation election held on June 5, 1979, in the cities of Illmo and Scott City, to be null and void and that we order respondent Bob Kielhofner to decertify the results of the election and oust the respondents-commissioners as members of the Charter Commission provided for in § 72.185.1 Relators contend that the election...

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