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STATE EX REL. FERRO v. OELLERMANN

No. 33617.

458 S.W.2d 583 (1970)

STATE of Missouri ex rel. Benedict D. FERRO, et al., Relators-Appellants, v. Mary OELLERMANN, Clerk of the City of Bridgeton, Missouri, and Earl L. Davis, Respondents.

St. Louis Court of Appeals, Missouri.

September 22, 1970.

Attorney(s) appearing for the Case

Maniscalco, Clancy & Pittman, George D. Pittman, Jr., Clayton, for relators-appellants.

Peper, Martin, Jensen, Maichel & Hetlage, William A. Richter, St. Louis, Earl L. Davis, St. Ann, pro se, for respondents.

SMITH, Commissioner.

Relators appeal from the action of the trial court in dismissing their application for a writ of mandamus against respondent Oellermann which dismissal was upon the ground that the "Petition seeks to compel a discretionary act by Writ of Mandamus." The act sought to be compelled is a certification to the City Council by Oellermann, as City Clerk of the City of Bridgeton of the sufficiency of petitions for recall of intervenor-respondent Davis...

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