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STATE v. TOBERMAN

No. 42279.

232 S.W.2d 904 (1950)

STATE ex rel. MILLAR et al. v. TOBERMAN, Secretary of State et al.

Supreme Court of Missouri, en Banc.

October 2, 1950.

Attorney(s) appearing for the Case

Taylor Sandison, St. Louis, Arthur U. Simmons, W. H. Leyhe, Jr., Clayton, Thomas F. McDonald, St. Louis, for relators.

Walter N. Davis, St. Louis, Erwin Tzinberg, Wm. J. Becker, Clayton, for respondents.

J. E. Taylor, Atty. Gen., of Missouri, C. B. Burns, Jr., Richard H. Voss, Asst. Attys. Gen., for respondent Walter H. Toberman, Secretary of State of Missouri.

HOLLINGSWORTH, Judge.

This is an original proceeding in mandamus to compel respondents in their respective official capacities to submit to the qualified voters of the Thirteenth Judicial Circuit of Missouri the question whether the non-partisan court plan shall be adopted in that Judicial Circuit under the provisions of Section 29(b) of Article V of the Constitution of Missouri, Mo.R.S.A.

Each of the respondents waived issuance of the alternative writ and...

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