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NEW FRANKLIN SCHOOL DIST. NO. 28 v. BATES

No. 41308.

225 S.W.2d 769 (1950)

NEW FRANKLIN SCHOOL DIST. NO. 28, HOWARD COUNTY et al. v. BATES et al.

Supreme Court of Missouri, Division No. 1.

January 9, 1950.

Attorney(s) appearing for the Case

J. E. Taylor, Attorney General, Will F. Berry, Jr., Assistant Attorney General, Robert R. Welborn, Assistant Attorney General, for appellants.

Emmet T. Carter and Gerald K. Presberg, St. Louis, for intervenor-respondent, Board of Education of City of St. Louis.

Jack O. Knehans and Oscar A. Knehans, both of Cape Girardeau, for intervenor-respondent Cape Girardeau School Dist. No. 63.

Herbert C. Funke, Maplewood, for intervenor-respondent, School Dist. of Maplewood-Richmond Heights of St. Louis County.

Paul M. Peterson and William H. Becker, both of Columbia, Clark, Boggs, Peterson & Becker, Columbia, Missouri, of counsel, for respondents, New Franklin School Dist. No. 28, F. N. McCulley, J. B. Settle, Sr., W. S. Alsop, D. E. Chester, R. D. Ballew and F. E. Biesemeyer.

Alva F. Lindsay, St. Joseph, for intervenor-respondent, School Dist. of St. Joseph.

DALTON, Judge.

This is an action for a declaratory judgment to determine the disposition of a particular fund in the custody and control of the defendants. The trial court entered a declaratory judgment to the effect that the fund constituted "a penalty, forfeiture and fine collected for the breach of the penal laws of this state"; that its disposition was controlled by the provisions of Sec. 7 art. IX of the Constitution of Missouri 1945, Mo.R.S.A., and that defendants...

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