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STATE v. MATTHEWS

No. 44548.

274 S.W.2d 286 (1954)

STATE of Missouri ex rel. John J. COLE, Chairman; Robert E. Fitzgerald, Sr., Secretary; Sylvester G. Lipic and Carl V. Eimbeck, Members, All Constituting the Board of Election Commissioners of St. Louis County, Missouri, and Also as Voters and Taxpayers, St. Louis County, Missouri, Relators, v. Luman F. MATTHEWS, County Supervisor, St. Louis County, Missouri; Frank L. Martini, Chairman; Tom Dunne, James H. J. McNary, Eugene Buechler, James A. Singer, Harold D. Carey and L. Gordon Davis, Members, County Council, St. Louis County, Missouri; Harry Konetzky, Purchasing Agent, St. Louis County, Missouri, and Clarence Hackmann, Auditor for St. Louis County, Missouri, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 10, 1955.

Attorney(s) appearing for the Case

Robert T. Hensley, David R. Hensley, Hensley & Hensley, St. Louis, for relators.

John J. McAtee, County Counselor of St. Louis County, Clayton, C. W. Detjen, Asst. County Counselor, St. Louis, for respondents.

HOLLINGSWORTH, Judge.

Relators constitute the Board of Election Commissioners of the County of St. Louis and prosecute this action as such and also as voters and taxpayers of said county. Respondents are, respectively, the Supervisor, the members of the Council, the Purchasing Agent and the Auditor of said county. The petition seeks our writ of mandamus commanding respondents to award a contract to Shoup Voting Machine Corporation for the purchase of 400 voting machines...

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