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ROYSTER v. RIZZO

No. WD 72947.

326 S.W.3d 104 (2010)

Will ROYSTER, Appellant, v. John J. RIZZO, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 7, 2010.

Attorney(s) appearing for the Case

Philip O. Willoughby, Jr. and Arnold R. Day, Jr. , Kansas City, MO, for appellant.

Michael J. Gunter , Kansas City, MO, for respondent John J. Rizzo.

David B. Raymond , Charles G. Renner and Hannah K. Henry , Kansas City, MO, for respondent Kansas City Board of Election Commissioners.

Edwin R. Frownfelter , Kansas City, MO, for respondent Secretary of State of Missouri.

Before Special Division: JAMES M. SMART, JR., Presiding Judge, MARK D. PFEIFFER, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

This is an election contest that arises out of the August 3, 2010 Primary Election to determine the Democratic candidate for the office of State Representative. Will Royster, a Democratic candidate for office of the State Representative for the 40th Legislative District, sued John J. Rizzo, also a Democratic candidate for the office, the Kansas City Election Board, and the Missouri Secretary of State.1 This lawsuit...

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