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STATE v. KEMP

No. 44534.

283 S.W.2d 502 (1955)

STATE ex rel. Frank H. SPINK, John W. Ballard, James B. Kerrigan, Irvin Fane and William E. Kemp, Constituting the Board of Police Commissioners of Kansas City, Missouri, and Acting for and as Said Board of Police Commissioners of Kansas City, Missouri, Relators, v. William E. KEMP, Robert J. Benson, Harry S. Davis, Ilus W. Davis, Thomas J. Gavin, Reed O. Gentry, Don Jackson, Joseph M. Nolan, Walter R. Scott, and L. P. Cookingham, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied November 14, 1955.

Attorney(s) appearing for the Case

Harry F. Murphy, Cornelius Roach III, Kansas City, for relators.

David M. Proctor, City Counselor, John J. Cosgrove, Associate City Counselor, J. L. Parks, Asst. City Counselor, Kansas City, for respondents.

HOLLINGSWORTH, Judge.

Original proceeding in mandamus. Relators as the members of the Board of Police Commissioners of Kansas City, Missouri, seek to compel the Mayor, the Council and the City Manager of said City to appropriate an amount in excess of that appropriated to meet the expenses of the Police Department for the fiscal year beginning May 1, 1954.

Section 84.730 RSMo 1949, V.A.M.S., provides:

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