STATE v. TOBERMAN

Nos. 43288, 43289.

250 S.W.2d 701 (1952)

STATE ex rel. MOORE v. TOBERMAN et al. MOORE v. TOBERMAN et al.

Supreme Court of Missouri, en Banc.

July 14, 1952.


Attorney(s) appearing for the Case

Alden A. Stockard, Jefferson City, William Barton, Jefferson City, James A. Potter, Jefferson City, Charles C. Madison, Kansas City, for Moore.

A. D. Sappington, William W. Beckett, William H. Becker, Columbia, for Fred V. Heinkel and others.

J. E. Taylor, Atty. Gen., Arthur O'Keefe, Asst. Atty. Gen., Gilbert Lamb, Asst. Atty. Gen., for Toberman.

Joseph K. Owens, Kansas City, for amicus curiae.


HOLLINGSWORTH, Judge.

On the 8th day of July, 1952 these two cases came to the writer on reassignment.

The relator-appellant-respondent Moore and the interveners-defendants, cross-appellants Heinkel et al., appeal from judgments of the Cole County Circuit Court in two consolidated cases against the respondent Secretary of State, one in mandamus and the other for a declaratory judgment. Both present essentially the same issues. The ultimate question for determination...

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